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(영문) 수원지방법원 2015.06.26 2014노7208
게임산업진흥에관한법률위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (two years of suspended sentence for one year of imprisonment, 160 hours of community service order, confiscation, Defendant B: imprisonment for eight months and two years of suspended sentence, and 120 hours of community service order) is too unreasonable.

2. The defendants recognized the crime of this case and are against the defendants, and there is no record of punishment exceeding the fine, and there is no record of punishment for the same kind of crime, etc. However, the operation of the illegal game room is necessary to punish the defendants with severe social harm, such as promoting an excessive speculative spirit and impairing sound labor awareness. In light of the operation method, period, size, etc. of the game of this case, the act of obstructing the performance of official duties of this case is very significant that the crime was obstructed by threatening police officers while carrying dangerous objects, and thus obstructing the performance of official duties. Defendant B had a record of punishment for the same crime, and other various circumstances that are the conditions of sentencing in this case, including age, character, conduct, environment, family relations, etc. of the defendants, the defendants and their defense counsel's allegation of unfair sentencing is not accepted.

3. In conclusion, 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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