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(영문) 인천지방법원 2013.07.19 2013노1173
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a fine of eight million won, confiscation) against the Defendant is too unreasonable.

2. We examine the judgment, and the fact that the defendant recognized all the crimes of this case and reflected his mistake is favorable to the defendant.

However, these types of crimes are likely to cause harm to the society by promoting excessive speculative spirit for the general public and are not eradicating continuous crackdowns, and thus there is a need for strict punishment. The scale of the game machine provided in the game room is small to 60 times, and the period of operation of the game room is short to 6 months, and the defendant has the history of being punished by a fine due to the same crime, and other various sentencing conditions in the records and arguments, such as the defendant's age, happiness, family environment, conditions before and after the crime, etc., are considered as being too unreasonable.

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

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