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(영문) 대전지방법원 2014.07.03 2013노3136
게임산업진흥에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of two years, the suspended sentence of three years, the probation and the 240-hour community service, confiscation, the defendant C: the imprisonment of eight months, the suspended execution of two years, and the 120-hour community service) that the court below made is too unfasible and unfair.

2. Determination

A. It is recognized that: (a) the determination of the allegation of unfair sentencing on Defendant B’s assertion of unfair sentencing; (b) the crime related to illegal game grounds is highly likely to cause social harm, such as encouraging the citizens’ excessive gambling spirit; and (c) undermining sound labor awareness by hindering continuous control, there is a need for strict punishment because it has not been eradicated despite continuous control; (d) even if the Defendant was under investigation after operating the I Underground Game Center on September 24, 2012, and was under investigation, the crime was bad by operating the IO Gameland from January 8, 2013; and (e) even though the Defendant was actually running the IO Game Islands, the Defendant attempted to conceal the crime on the ground of C and D’s trade name.

However, considering the following as a whole: (a) the fact that the defendant is against the defendant; (b) there is no same criminal record as the defendant; (c) there is no criminal record of the suspension of execution or more; (d) the family members of the defendant want to take the lead of the defendant; and (e) other social ties clearly exist; and (e) other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc.

B. We examine the judgment on the assertion of unfair sentencing against Defendant C, and even though Defendant C was unemployed, it is recognized that there was confusion in the investigation by the investigative agency by making a false statement that Defendant C was unemployed, but it did not have the same criminal record, and there was no criminal record above the suspension of execution, and the Defendant was under the low risk of recidivism by seeking a new workplace, and other 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.

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