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(영문) 대구지방법원 2016.05.20 2016노543
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (defendant A: Imprisonment with prison labor for 10 months, confiscation, additional collection of 18 million won, Defendant C, and D): each of the fines of 5 million won is too unreasonable.

2. Although there are favorable circumstances such as the Defendants’ acknowledgement of all the facts charged of this case and the fact that the Defendants did not have the same criminal record, the crime of this case is highly likely to cause harm to society by promoting excessive gambling spirit for the public and hindering sound work awareness, etc. Defendant A led this part of the crime as a unemployment owner of the “M Game Chapter”. Defendant A operated several types of employees at home and night and operated the Game Chapter, and installed CCTV against the crackdown, etc., for a considerable period of time, and the nature of the crime is not somewhat weak. Defendant A was discovered to be working as the head of business of the “M Game Chapter” even after the control of the “M Game Chapter”, and Defendant C and D did not have to assist the smooth operation of the illegal game Chapter as night employee of the “M Game Chapter” and thus, Defendant C and D did not need to take into account all the circumstances of the above Defendants’ participation in the crime, such as punishment and punishment of the unlawful game Chapter, and there is no need to take into account the circumstances of the above Defendants’ participation in the crime.

3. In conclusion, the Defendants’ appeal is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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