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(영문) 부산지방법원 2014.01.24 2013노3888
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants (the defendant A: imprisonment with prison labor for 8 months and the defendant B: imprisonment with prison labor for 4 months) is too unreasonable.

2. It is recognized that the circumstances such as the defendants recognized all the crimes of this case and against their mistakes, the defendant A had no record of punishment for the same kind of crime before, and the defendant B had a family member to support.

However, in light of the size of the game site of this case, business period, operation method of the corrected entrance, etc., the issue is not easy, and the illegal game room business is likely to undermine the citizens' sound sense of work, and thus, it is necessary to strictly punish the game site of this case. Defendant A operated the game site of this case, the degree of Defendant B’s participation is not less than that of Defendant B’s punishment, Defendant B committed the same crime of this case even during the period of repeated offense after having been sentenced to punishment for the same kind of crime, and all other circumstances constituting the conditions of sentencing as shown in the records, such as the defendants’ age, environment, family relationship, occupation, circumstance leading to the crime of this case, and circumstances before and after the crime, etc. are considered as inappropriate.

The Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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