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(영문) 서울중앙지방법원 2019.10.17 2019노2288
게임산업진흥에관한법률위반
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment with prison labor for not more than ten months.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (Finite)’s punishment sentenced by the lower court (Finite 15 million won) is too unreasonable.

B. The punishment sentenced by the lower court (a prison labor for 10 months, etc.) is too unreasonable.

(In fact-finding and misunderstanding of legal principles were withdrawn on the second trial of the court of first instance). 2. Determination

A. As to Defendant B’s assertion, the following facts are favorable to the Defendant: (a) the Defendant led to the confession of a crime, and the mistake is divided; and (b) the period of participation in the crime has not expired.

However, the act of exchanging the outcome obtained through the use of game products in cash in the course of operating an illegal game room is disadvantageous to the defendant, such as that there is a serious social harm, such as promoting a speculative spirit among the general public and undermining the awareness of sound labor, and that there is a need for strict punishment, and that the defendant has committed the crime of this case during the period of repeated crime, as well as several times of fines, suspended execution, and

In addition, considering the Defendant’s age, character and conduct, environment, family relationship, motive for and method of the crime, details and method of the crime, circumstances after the crime, etc., it is difficult to deem that the lower court’s sentencing exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

B. It is recognized that the act of exchanging the outcome obtained through the use of game products in cash while operating the illegal game site for the determination of Defendant C’s assertion is seriously harmful to the society, such as promoting a speculative spirit among the general public and hindering sound work consciousness, and thus, it is necessary to punish the outcome strictly.

However, the circumstances favorable to the defendant include the confession of the defendant, the mistake, the primary crime, and the fact that the period of the crime is not long.

In addition, the defendant's age, occupation, character and conduct, environment, family relationship, motive, means and result of the crime, after the crime is committed.

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