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(영문) 부산지방법원 2016.06.30 2016노1169
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unreasonable (such as imprisonment with prison labor for eight months) (the defendant asserts that he/she took part in the act of lending his/her name in the operation of the game room to him/her on June 14, 2016 after the date on which the grounds for appeal were not timely filed). However, even according to the above assertion, the defendant and joint defendants conspired with the defendant to exchange the tangible and intangible results acquired through the use of the game water. 2. On February of the judgment, there are extenuating circumstances such as the confession of the crime of this case by the defendant and the fact that the defendant did not have the same criminal records.

However, the crime of this case requires strict punishment in light of the seriousness of the social hazard and harm, such as encouraging the general public to commit an excessive speculative spirit and undermining the desire to work. The crime of this case was organized and planned by installing a correction device and surveillance camera at the entrance, controlling the persons entering the entrance, etc. The result of the game was used to exchange the result of the crime. The defendant was sentenced to two years of suspended execution in Busan District Court on November 12, 2014; the defendant was sentenced to two years of suspended execution due to the crime of injury in Busan District Court; the crime of this case was committed on November 20, 2014; and the defendant again committed the crime of this case without being aware of the fact that the judgment became final and conclusive on November 20, 2014; the defendant was punished more than 13 times, in addition to the punishment subject to the above suspended sentence; the defendant's age, sex, environment, family relationship, means and result of the crime; and the circumstances after the crime, etc., were too changing in the records and the punishment.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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