(영문) 인천지방법원 2014.07.24 2014노1561 | 리걸엔진

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(영문) 인천지방법원 2014.07.24 2014노1561

게임산업진흥에관한법률위반등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s violation of the Act on the Promotion of Error of Fact-Finding Game Industry, the Defendant only introduced D, which was in a relationship with C at the time, by wanting to operate the illegal game room, and there was no fact that C, D, etc. or was involved in the operation of the above game room. However, the lower court’s conviction against the Defendant is erroneous. 2) The sentence (one year of imprisonment) imposed by the lower court on the Defendant of unreasonable sentencing is too unreasonable.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's assertion of mistake of facts, in other words, C, an accomplice, has consistently stated that the defendant operated the game of this case from the investigation stage to the court below's trial, and the accomplice D and E also stated to the same purport as C in the prosecutor's office, and the defendant introduced C, as a highly flag, D, and the defendant was involved in the operation of the game of this case, it can be sufficiently recognized that the defendant committed a violation of the Game Industry Promotion Act while operating the game of this case in collusion with C, D, and E.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, there are favorable circumstances such as the confession of the injury during the instant crime, the victim I and the victim I agree with the victim I, and the victim I's injury as a dubs of the two-way principle, and the fact that the victim I did not focus on the violation of the Act on Promotion of the Game Industry among the instant crimes. Nevertheless, there is no good evidence of the crime concerning the violation of the Act on Promotion of the Game Industry among the instant crimes, the Defendant denies and denies the said crime,

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