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(영문) 인천지방법원 2020.12.03 2020노3015
게임산업진흥에관한법률위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (the imprisonment of eight months, confiscation and collection of 2200,000 won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The facts that the judgment defendant led to the confession of the crime of this case and repented is favorable.

On the other hand, even though there was a history of criminal punishment for the same crime, the fact that the crime of this case is serious in light of the game room operated by the defendant, the size and period of the crime, profits from the crime, etc. is disadvantageous.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for the sentencing as indicated in the instant case, it cannot be deemed that the lower court’s sentence is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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