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(영문) 부산지방법원 2014.03.20 2014노484
게임산업진흥에관한법률위반
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, confiscation, additional collection of two million won) is too unreasonable.

2. The crime related to the provision for the use and provision of illegal game products and the operation of the illegal game room is highly likely to cause severe social harm, such as promoting the gambling spirit of the general public and causing the failure of home economy. In particular, as to the crime of this case, the crime of using and providing a game product at the “one-class game site” is a new type of crime that makes it possible to use the ungrade game product by accessing the overseas site through the bypass program of VPN, and is showing a trend spreading in the recent cancer, and thus, it is disadvantageous to the point that it is necessary to eradicate it early and cope with it in order to prevent its spread.

However, the Defendant, who has no record of being punished for the same kind of crime, is in violation of the depth of detention life for a considerable period of time; the size of the illegal game room operated by the Defendant is considerably small and so it is found that the Defendant actually acquired the illegal profits compared to the operating period. Above all, the Defendant is likely to not repeat the crime in the course of operating the chill house together with his/her mother, and the risk of repeating the crime is expected to be considerably reduced; most of all, considering the fact that the Defendant suffers from the rare disease called the chill disease that is the crus after the crus of the crus of the brain sewage system, the Defendant’s age, character, conduct and environment, etc., it seems that the sentence of the lower court that sentenced the punishment is too unreasonable.

3. In conclusion, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts charged against the defendant recognized by the court and the summary of the evidence.

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