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(영문) 대전지방법원 2013.10.23 2013노1506
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The lower court’s punishment (one year of imprisonment) is too unreasonable in light of all the circumstances, including the fact that Defendant B led to the confession of and reflects the depth of the instant crime, and that the degree of participation in the instant crime is not much serious compared to N and A, the unemployment owners of each game of this case.

B. Defendant C without clearly recognizing that the instant game machine was a game machine that was not rated, and in light of all the circumstances, Defendant C was involved in the instant crime and the Defendant had no record of punishment for the same kind of crime, etc., the lower court’s punishment (eight months of imprisonment) is too unreasonable.

C. In light of all the circumstances, such as Defendant E’s violation and the degree of participation in the crime, etc., the lower court’s punishment (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. As to Defendant B’s assertion, it is recognized that: (a) the Defendant led to the trial, led to the confession of and reflect against the instant crime; and (b) prior to the crackdown on each of the instant games, the Defendant’s own game room business is limited.

However, the crime of this case was committed on March 201 to December 9, 2011 by sharing the role of the Defendant in advance with Defendant C, N,O, etc., and committed the game room business on the second floor of the Daejeon Dong-gu M, Daejeon, with the trade name “L”, and provided 80 game machine for customers who did not receive a rating. From July 201 to December 7, 2011, the crime of this case was committed on the first floor of the Daejeon, Daejeon, with the trade name “P” and provided 54 game machine for customers who did not receive a rating. Thus, the Defendant took part in the management of the game room business and the game room business as a whole.

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