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(영문) 대구지방법원 2014.10.17 2014노1208
게임산업진흥에관한법률위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The prosecutor’s decision on the appeal against Defendant B was not submitted with respect to the appeal against Defendant B within the lawful period for submitting the grounds of appeal (the grounds of appeal submitted by the prosecutor is not written with respect to Defendant B), and the prosecutor’s appeal submitted by the prosecutor does not include the grounds of appeal with respect to Defendant B (the simple indication of unfair sentencing does not constitute a legitimate grounds of appeal) and the records are not examined. Thus, in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, the prosecutor’s appeal against Defendant B shall be dismissed by decision in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, as long as the prosecutor rendered a decision on the appeal against Defendant B by the prosecutor against the Defendant

2. Determination on the prosecutor’s appeal against Defendant A

A. The summary of the grounds for appeal (e.g., imprisonment for not less than 8 months and 2 years of suspended execution, community service work 120 hours, forfeitures 1 to 8, and additional collection 2 million won) imposed by the lower court against Defendant A is deemed to be too uneasible and unfair.

B. The crime of this case is established that the Defendant operated a game room for two months from the early July 2013 to September 10, 2013, and neglected customers to engage in speculative acts. The crime of this case is established that: (a) the promotion of the speculative spirit of the citizens and the impairment of sound labor awareness is not less than the nature of the crime; (b) the scale of the operation of the game of this case is not small; and (c) the period of the crime is not shorter than two months.

However, the fact that the defendant is in conflict with the confession of the crime, and that the defendant does not have the same criminal record, considering all the circumstances such as the amount of profit that the defendant acquired, character and conduct, the background and motive of the crime of this case, the method and method thereof, and the circumstances after the crime, the sentence of the court below is too unfasible.

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