(영문) 전주지방법원 2016.06.17 2016노462 | 리걸엔진

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(영문) 전주지방법원 2016.06.17 2016노462

게임산업진흥에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the degree of his participation in the instant crime is relatively minor; (c) the period of the crime is relatively short of three days; (d) the wife and her children should be supported; and (e) the Defendant’s family members wanted to grow up with the Defendant’s wife.

On the other hand, the crime of this case is an unfavorable circumstance to the defendant, in collusion with the defendant, who operates a general game providing business without permission, and as a result of the acquisition of the game water through the use of the game water by the defendant, the nature of the crime is not less than that of the money exchange business. The illegal game business act of the head of the illegal game room is likely to harm the general public's sound sense of work and promote speculative spirit, and thus, it is necessary to strictly punish the defendant. On April 1, 2013, the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case under the suspension of the execution of imprisonment for 8 months at the Jeonju District Court sentenced 2

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That since it is obvious that the Defendant’s appeal was omitted by mistake in “the money exchange of the outcome of a game” after “the money exchange of the result of a game” among the “application of the law” of the court below’s judgment, it is obvious that it was omitted by mistake. Thus, it is corrected to add it ex officio in accordance with Article 25(1) of the Rules on

참조조문

-게임산업진흥에 관한 법률

-형사소송규칙 제25조 제1항

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