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(영문) 부산지방법원 2016.09.23 2016노2370
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one hundred months of imprisonment and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. It is recognized that the circumstances such as the defendant's recognition of the crime of this case reflects the mistake, the defendant has no criminal record for the same kind of crime, and the defendant has a family to support the defendant.

However, the crime of this case was committed on February 25, 2015 by providing 71 games in which the defendant had not been classified as a game product for customers’ use, and by using part of the said game machine to make cash exchange according to the points obtained by customers while operating the game room for about 2 months. In light of the scale and method of the crime and method, etc., the crime of this case is not weak. The crime related to illegal game centers need to be punished strictly for highly harmful crimes, such as promoting the citizens’ excessive speculative spirit and impairing sound labor awareness, etc. In addition, considering all other circumstances, considering the defendant’s age, environment, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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