(영문) 창원지방법원 2013.10.24 2013노1475 | 리걸엔진

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(영문) 창원지방법원 2013.10.24 2013노1475

게임산업진흥에관한법률위반

Text

1. The part of the judgment of the court below regarding Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months.

except that this shall not apply.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the court below (Defendant B: imprisonment of one and half years, confiscation and fine of 25 million won) is too unreasonable.

2. Determination

A. The operation of the illegal game room in this case against Defendant B is highly harmful to society by promoting an excessive speculative spirit and impairing sound labor, and thus, it is necessary to strictly punish it. The operation period of the game room in this case is not short. However, even though it is recognized that the defendant was not short of the business period of the game room in this case, the defendant was committing each of the crimes in this case; the size of the game room operated by the defendant is relatively small; the defendant did not have any record of punishment for the same kind of crime in addition to several times of fines; the defendant did not have any record of punishment for the same crime; the defendant's age, character and behavior, environment, motive, means and consequence of each of the crimes in this case; and the various sentencing conditions shown in the records and arguments, such as the defendant's age, character and behavior,

B. Although the defendant denied each of the crimes in this case against the defendant A at the court below, he was judged to have reached the trial, and against the mistake, the operation of the illegal game in this case is deemed to have caused an excessive speculative spirit and to have great social harm by impairing his sound work awareness, and thus, there is a need to punish the defendant strictly. In full view of all the sentencing conditions as stated in the records and arguments of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of each of the crimes in this case, and the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be appropriate, and it is not recognized that the sentence imposed by the defendant is unfair because it is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. According to the conclusion, Defendant A’s appeal of this case is groundless, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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