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(영문) 대구지방법원 2016.05.20 2016노101
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On February 20, 2015, the Defendant: (a) conducted a test on February 20, 2015, and returned the game machine established in the instant game Chapter; (b) did not conduct an illegal game room business as stated in the facts charged; and (c) did not exchange money.

B. The sentence sentenced by the lower court (6 months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The lower court’s determination as to the assertion of mistake of facts is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant, upon undergoing the police investigation on February 20, 2015, operated a game room by using a game machine opened and altered by a male and female male and female at around 50,015, and stated to the effect that he/she exchanged 30,000 won according to the game outcome (Evidence No. 111, 113, 116 of the evidence record), ② the Defendant prepared by the Defendant.

2. According to the contents of the division of the entertainment center on March 6, 2015, the sales at multiple game machine out of the 40 game machine (Evidence No. 22 of the evidence record) was found at the entertainment room of the first instance trial co-defendant B (hereinafter “B”) on March 6, 2015 (Evidence No. 58 of the evidence record), and the CCTV was installed to avoid the control at the entrance front of the main entrance of the entertainment room of this case (Evidence No. 53 of the evidence record, No. 54 of the evidence record), and ③ at the time of the police enforcement, the entertainment room of this case was located in the entertainment room of this case (Evidence No. 1 through 3 of the evidence record).

H Around March 6, 2015, on the date when the police investigation and prosecution conducted the entertainment room of this case, around February 20, 2015, the Defendant and B made a statement to the effect that they operated the entertainment room of this case (Evidence No. 40 through 42, No. 249 through 255 of the evidence record), and the content of the statement are more reliable in light of the fact that the contents of the statement are specific. ④ At the police investigation, I made a statement to the effect that the Defendant mainly operated the business at the gold day, Saturday, and Sundays that the control of the police officer from the Gu administration of the Gu administration is excellent (Evidence No. 134 of the evidence record).

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