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(영문) 부산지방법원 2013.12.19 2013노3465
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Nos. 1 through 5 of seized evidence shall be charged to the defendant.

Reasons

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

2. In full view of the following facts: (a) illegal gambling game business in the form of exchanging premiums, etc. obtained from the game product in cash, such as the instant crime, is highly harmful to society by promoting a general public’s spirit of gambling; (b) undermining the will to work; and (c) the Defendant’s participation in the instant exchange act upon the recommendation of the K President up to the trial by the Defendant, asserting that he participated in the instant exchange act by asserting that he was not well aware of the contact information of the K President’s contact information, etc., it is inevitable to punish the Defendant, taking into account the following factors: (a) the Defendant’s punishment is inevitable.

However, in light of the fact that the defendant did not have the ability to be punished for the same crime, and that he did not directly participate in the business of the illegal game room, and that the defendant did not take part in the business of the illegal game room for about three years due to the aftermath of verteburry caused by the traffic accident in the past seven years, which led to the crime of this case due to economic difficulties that the defendant did not engage in economic activities for about three years, and that his family members complain of the defendant's wife against the defendant, and that the defendant's family members complain of the defendant's wife against the defendant, and that the defendant's age, character and behavior, environment, etc. as a whole, the punishment of the court below seems to be somewhat inappropriate.

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

Criminal facts

The summary of facts and evidence recognized by this court is the corresponding column of the judgment of the court below, except that the "Neman" of No. 4 of the judgment of the court below is the "Neman E".

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