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(영문) 서울북부지방법원 2014.10.08 2014노872
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. The following facts are that the Defendant made a confession of the instant crime and reflects depth on the confession of the instant crime; that the instant illegal game room was operated in a short period; that there was no record of punishment for the same kind of crime; and that the instant crime ought to be judged simultaneously in the relationship between special larceny as stated in the judgment of the lower court and concurrent crimes under the latter part of Article 37 of the Criminal Act.

However, the crime of this case is highly likely to cause severe social harm, such as encouraging the citizens' excessive gambling spirit and impairing sound labor awareness, and thus, it is necessary to strictly punish the defendant. The defendant does not merely lend his name for the operation of the illegal game of this case, but actually participate in the operation of the game of this case, etc. In full view of various circumstances that are the conditions for sentencing, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc., and the punishment imposed by the court below is too unreasonable.

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

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