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(영문) 광주지방법원 2014.08.27 2014노1588
게임산업진흥에관한법률위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (two months of imprisonment, No. 1-10, additional collection KRW 2.3 million) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant provided 29 game machines which did not receive classification as the unemployment owners of the game game room, and exchanged the game machine that did not meet the quality of the crime, set up cctv at the entrance to avoid regulation, etc. The crime related to the illegal game room business such as this case is an inevitable circumstance where strict punishment is in view of the seriousness of the social harm and harm, such as promoting the gambling spirit of the general public and undermining the will to work.

On the other hand, it is advantageous to the fact that the defendant recognized his mistake, and there is no previous conviction for the past ten years, and the size of the game of this case is relatively large, and the business period is not long, and the profits therefrom are not even big.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., it is deemed that the Defendant’s punishment is too heavy or unreasonable. As such, the Defendant and the prosecutor’s assertion are 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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