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(영문) 의정부지방법원 2015.12.18 2015노2862
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of eight months of imprisonment sentenced by the court below is too unreasonable.

2. We examine the determination of the allegation of unfair sentencing, and the crime of this case committed by the defendant, by facilitating the promotion of excessive speculative spirit among the general public, must be eradicated with serious social harm, in light of the content and circumstances of the crime, the legal interest and protection of law, etc., the crime of this case on the ground of F, which is an accomplice, actually operated the illegal game of this case on the ground of the crime, and the fact that the defendant was arrested for a period of six years after the police investigation.

However, it is true that the defendant made a statement that he would not repeat the crime of this case again when he made a confession of the crime of this case and reflect his mistake, that there is no record of crime, that the business period of the illegal game place is relatively short of 20 days, and that the number of game machines established in the place of business is not more than 40 days, that there is sufficient opportunity to reflect the defendant's living in prison for about 4 months, that there is a family member and social relationship is clear, that there is a family member, the family member of the defendant, and the employees of the manufacturing company operated by the defendant wanting to take the defendant, balance in the sentencing with the accomplice (the F was sentenced to a suspended sentence of 2 months for 2 months, but the F was released before being detained before imprisonment for 2 months), and that the defendant's age, character and behavior, intelligence and environment, motive and consequence of the crime of this case, size of business revenue, actual size of business place, circumstances after the crime of this case, the defendant's family relation, the circumstances that the court below maintained the sentencing of this case as it is unreasonable.

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