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(영문) 인천지방법원 2017.02.03 2016노4213
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (two years of suspended execution, protection observation, community service order 80 hours, confiscation, and additional collection in six months of imprisonment) is too unreasonable.

2. Although the Defendants are favorable to the Defendants, such as the fact that the Defendants recognized their mistakes and reflects, the Defendants led the instant crime as the operator of the illegal game site. The illegal game room business, such as the instant crime, is highly harmful to the society by promoting excessive speculative spirit and impairing sound labor awareness, etc., and the Defendants’ age, sexual conduct, environment, background, motive, means and consequence of the crime, game room size and operation period, and the circumstances of the crime after the crime, etc. are considered, it is not recognized that the sentence imposed by the lower court is excessive and unfair.

3. According to the conclusion, the Defendants’ appeal is all without merit, and it is all dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That the judgment of the court below is obvious that the “3,870,000 won” of the 3th page 14 of the judgment below is a clerical error of “3,875,000 won.” Thus, it is ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure, and it is corrected to “3,875,000 won.”

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