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(영문) 울산지방법원 2016.12.22 2016노1804
게임산업진흥에관한법률위반등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the Defendants (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. Determination

(a) Class 2 crime that has no basic area (8 to 1.6 months), including the establishment, etc. of gambling places (business operating speculative gaming machines, business operating permitted casino machines, and business operating permitted casino business) according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court [the scope of recommending punishment] Class 3 crime that has no basic area (8 to 1.6 months) of the basic area (8 to 1.6 months), including the provision of use of illegal game products (the scope of recommending punishment] types 3 (business operating speculative business using game products) of the basic area (8 to 1.6 months), 3 (the scope of recommending punishment] of the use of illegal game products / the scope of recommending punishment / the provision of use of illegal game products / the scope of punishment / the final sentencing scope according to the multiple aggravated crimes under the basic area (6 to 1 months and 6 months): August to September 2

B. Defendant A, at around 2015, served as an employee in a game room and served as an employee in a game room and served as an employee in a game room operated by B for a few months, and was engaged in an illegal game room business by taking over considerable funds thereafter, and carried out an illegal game room business as an unemployment worker.

The profits earned by the defendant through each of the above crimes are not reduced, and the degree of participation in the crime is relatively more important.

However, it is favorable for the defendant, such as the fact that the defendant recognized his mistake and reflects, the defendant's participation in the crime of illegal game room business led by B while in a relationship with B, there are some circumstances to consider the circumstances leading to this part of the crime, the period for which the defendant operated the game room as an unemployed owner is relatively not long, and the fact that the defendant had no record of punishment for the same kind of crime prior to each of the crimes in this case.

This situation is together with this situation.

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