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(영문) 대전지방법원 2013.05.23 2013노568
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. The judgment is based on the following facts: (a) although the Defendant had experienced economic difficulties, which led to the instant crime; (b) there was no benefit from the Defendant’s actual commission of the crime; and (c) the Defendant committed the instant crime without being aware of the fact that he had been tried for the same kind of crime; (b) the Defendant committed the instant crime without being aware of the fact that the commission of the crime by using the speculative game room business has been seriously punished because of serious harm to society, such as promoting excessive speculative spirit to the general public and impairing sound labor awareness; (c) the lower court seems to have already determined the punishment in consideration of the circumstances of the Defendant’s assertion; and (d) taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the Defendant’s aforementioned argument is unreasonable because the sentencing of the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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