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(영문) 대구지방법원 2017.07.14 2017노1974
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant led to the instant crime; (b) the game instruments and profits established in the game room were seized; (c) the operating period of the game room is short; (d) the Defendant has no record of criminal punishment prior to the instant case; and (e) the Defendant is the most likely to support the wife and her children.

However, the size of the game site of this case is not small, and the defendant's crime of this case is highly likely to cause economic distress by continuously causing property loss by using the users' speculative spirit. It is extremely large, and the defendant committed the crime of this case in order to gain large profits without just labor. Although the illegal and harmful effects of the game site are widely recognized, illegal operation of the game site is very poor and the quality of the crime is very poor. These illegal game operators are trying to escape from actual criminal punishment by continuously running the game in other places, such as setting up the president or designating an accomplice who has no record of punishment as the actual owner of business. This is not only to interfere with the legitimate exercise of punishment by the State, such as causing confusion in investigation, but also to properly exercise the criminal punishment against the person who committed the crime, and it is also difficult to detect the criminal intent of the defendant in this case as well as to actively conceal the criminal intent of the defendant in this case.

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