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(영문) 광주지방법원 2015.05.21 2015노703
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by eight months of imprisonment.

provided that this ruling has become final and conclusive.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (eight months of imprisonment) is too unreasonable.

Judgment

The crime of running the illegal game room is an unfavorable sentencing factor, such as not only disturbing the distribution order of game products, also undermining the fostering of a healthy game culture, and also undermining the people's awareness of good labor by encouraging speculation, and thus, there is a high need for strict punishment for it. The defendant's crime of this case is the transfer of the place where the police was harmed and operated the illegal game room, and the crime is not good, and the defendant has escaped for five years since he was sentenced to investigation and judgment on the accomplice.

However, considering the following as a whole: (a) the Defendant’s mistake is recognized and against himself; (b) the Defendant surrenders himself to an investigative agency at the time of his long flight; and (c) the Defendant has no criminal record for the same kind of crime; and (d) other factors of sentencing as indicated in the pleadings, such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age, character, conduct, and environment, the Defendant’s argument is justified

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, and Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of respective Game Industry which choose a punishment, Article 30 of the Criminal Act (the point of using and providing game products not rated, the choice of imprisonment), Articles 44 (1) 2 and 32 (1) 7 of the Promotion of respective Game Industry Act, and exchange of game outcomes under Article 30 of the Criminal Act;

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