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(영문) 대전지방법원 2015.07.08 2015노446
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months, suspension of execution for two years, and collection of penalty) of the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The fact that the defendant exchangeds game money in cash for a considerable period of time, the amount that the defendant exchangeds and received as the commission is considerable, the game money exchange crime promotes an excessive spirit of gambling by the people and it is necessary to punish the defendant with severe social harm that impedes sound labor practice.

However, the fact that the defendant confessions the crime of this case and reflects his mistake, that the defendant has no record of the same kind of crime, that there is no particular record of crime other than the punishment three times due to the crime of this case, and that there is a family member to support is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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