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(영문) 대전지방법원 2015.06.18 2015노1053
게임산업진흥에관한법률위반등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the original judgment is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake in depth and reflects his fault; (b) the Defendant is engaged in construction business after the control over the instant crime; and (c) there are family members to support the Defendant.

However, the crime of this case is committed by the defendant in collusion with A and C in order to operate the game room and exchange the result of the crime into 50 game games, which are game products different from the contents rated by the Game Rating Board. The crime of this case is inevitable in view of the seriousness of social harm and harm, such as encouraging the gambling spirit of the general public and undermining the desire to work. The defendant committed the crime of this case in this case even though he had been sentenced to suspended sentence of imprisonment twice for the same crime, even though he had the record of being sentenced to suspended sentence of imprisonment, he committed the crime of this case. The defendant directly employs his employee or ordered him to pay daily allowances, etc., the crime of this case is disadvantageous, and the nature of the crime is not good, such as setting up and regulating the time frame, etc., and taking into account all other factors such as the defendant's age, character and behavior, environment, the circumstances of the crime of this case and the circumstances before and after the crime of this case, it cannot be deemed that the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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