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(영문) 부산지방법원 2013.05.31 2013노772
음반ㆍ비디오물및게임물에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of one-year imprisonment sentenced by the court below to the defendant is too unreasonable.

2. It is recognized that the defendant's period of operation of the game of this case is not long, that the defendant voluntarily expressed his intention to attend the investigation agency while living in China, that all of the crime of this case is recognized and that he does not repeat again while his mistake is divided in depth through confinement life for about 100 days, that there is a family member including a mother, that there is economic difficulty, and that the family members of the defendant want the defendant's preference.

However, in light of the seriousness of the social harm and harm caused by promoting the gambling spirit of the general public and undermining the desire to work, the defendant established 20 game machine and operated the game room of this case. Even if the period of business has not expired, the case is not less complicated in light of the size of the game room or the method of operating the game room as a so-called branch office, the defendant was under suspended execution for the same crime in around 2003, but was still under suspended execution, and the defendant denied the crime of this case at the time of the first investigation by the investigative agency, and thereafter, the defendant was under suspended execution for the crime of this case. After that, the circumstances after the crime of this case are not good, such as the defendant's departure from China when he was expected to be subject to criminal punishment, and the defendant's age, family relationship, occupation, occupation, circumstances leading to the crime of this case, and other circumstances before and after the crime of this case, the court below's decision is unreasonable.

Defendant’s assertion is without merit.

3. Conclusion.

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