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(영문) 부산지방법원 2017.05.18 2017노83
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant’s crime of this case was committed with 68 game machines and operated by a game room by allowing them to perform speculative acts using game water for about 8 months.

It can be considered as sentencing data favorable to the defendant that the defendant has led to the crime of this case, that the defendant has taken up the number of people, that is, sound labor in the restaurant, and that the defendant will live in the restaurant in the future.

However, the crime related to illegal game room needs to be strictly punished because of the high awareness of the society, such as promoting an excessive speculative spirit in our society and hindering sound labor practice.

The defendant, as an operator of a game funeral, confirmed customers through CCTV, etc. while correcting the entrance door of the game funeral, operated the game funeral in a remote manner to allow access, and employed the head C in order to avoid the legal network and made it investigated as if he/she was the actual owner of the game funeral in an investigative agency.

In addition, the defendant committed the crime of this case even though he was sentenced to a suspended sentence of ten months of imprisonment with prison labor for the same crime in around 2010.

In addition, the sentence imposed by the court below is not heavier in light of the records of this case, including the defendant's age, sex, environment, and family relationship, and various conditions of sentencing as shown in the change of the records of this case.

3. Accordingly, 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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