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(영문) 울산지방법원 2017.02.02 2016노1741
게임산업진흥에관한법률위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment, six months of imprisonment) of the lower court is too heavy or unreasonable;

2. The judgment of the defendant is based on the fact that the degree of crime was relatively more severe for the actual business owner of the game room, the crime of this case was committed in spite of the fact that the defendant had been subject to criminal punishment twice for the crime related to the illegal game room, and in particular, the crime related to the game room is a second offense during the period of suspension of execution, and the fact that the amount of damage caused by the fraudulent act of this case exceeds KRW 100 million and the considerable

However, the fact that the defendant recognized all of the crime of this case and reflected in the crime of this case, and that the defendant's direct profits from the crime of this case seems not to have many profits, and that he was the accomplice of the crime of this case.

In full view of the fact that H agreed with the victim I and J, deposited some of the money for the victim I and the defendant, and other circumstances that form the conditions for the sentencing of the instant case as shown in the trial process, such as the defendant’s age, sexual conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, the lower court’s punishment is too heavy or unfeasible, and thus, it does not seem unfair. Accordingly, the above assertion by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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