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(영문) 울산지방법원 2015.02.13 2014노1064
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the overall circumstances of the instant case, the sentence imposed by the lower court (two months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the Defendant recognized the instant crime and made a mistake contrary to the fact that there was no record of punishment for the same kind of crime, the same type of crime, such as the violation of the Game Industry Promotion Act, is in need of strict punishment because of the encouragement of excessive speculative spirit to the general public, and the continuous control is not eradicated. The Defendant was involved in the instant game room business in depth as the owner of the instant game room business, and the number of the game machines reaches 30 times, and the size of the game machine can not be deemed small, taking full account of all other circumstances, such as the Defendant’s age, character and behavior, living environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence of the lower court is too unreasonable.

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

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