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(영문) 수원지방법원 2014.05.22 2013노5656
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) the sentencing of the court below (the sentencing of the defendant B: 9 months of imprisonment, 2 years of suspended execution, 80 hours of community service, 3 million won of fine) is too unreasonable.

As to the Defendant B’s assertion of unreasonable sentencing, there are circumstances favorable to the Defendant, such as the fact that the period of the instant crime was not longer than two months, and that the profits therefrom were not high.

However, the crime of this case was committed by the defendant in collusion with Co-Defendant A in collusion with the court below's judgment, with 25 game equipment of "scambrema", which is a game product not classified in the 25th machine of sports facilities, and offered to an unspecified number of unspecified persons. In light of the number of game machines and the size of the place of business, etc., the

(A) In light of the fact that the Defendant did not have a business relationship with A, insofar as the Defendant played an essential role in the instant crime, such as installing the said game machine and employing the Defendant C, it is reasonable to recognize the functional control over the instant crime as a co-principal and bear the responsibility for the crime as a co-principal. Considering the fact that the Defendant was punished once in 2009, and all other circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentencing of the lower court is too unreasonable.

Defendant

As to the argument of unfair sentencing in C, there are conditions favorable to the defendant, such as the defendant's short period of working as an employee in the above sports facility and the defendant's absence of the same criminal record.

However, inasmuch as the liability of the above crimes against the above defendants B and A is not weak, the liability of the defendants who committed their crimes is not weak, but is not weak.

In addition, all other circumstances, such as the age, character and conduct of the defendant, motive, means and result of the crime, and the circumstances after the crime, are considered.

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