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(영문) 부산지방법원 2018.01.11 2017노4036
게임산업진흥에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Nos. 1 through 15 of seized evidence.

Reasons

1. The sentence of the court below against the defendant on the summary of the reasons for appeal (the imprisonment of one year and six months, the additional collection of 35,833,000 won) is too unreasonable.

2. The crime of this case committed by the Defendant, as the owner of the game of this case, was committed by the game of this case, by exchanging the outcome obtained through the use of the game of this case, and by using the speculative gaming machines, the crime liability is grave in light of the period of the crime, the size of the game site, the contents of the crime, etc., and the Defendant committed the crime of this case at the same time during the period of repeated crime of the same crime.

However, considering the fact that the defendant led to the confession of the crime of this case and reflects his mistake in depth, that the old parent who is not healthy due to the detention of the defendant, and his father and mother who is a university student, that the punishment of the defendant is relatively clear that his social ties relation is relatively clear, such as the punishment of the defendant, and that the defendant's social ties relation seems to be relatively clear, such as the defendant's age, sexual behavior, environment, etc., and all other circumstances that form the conditions for sentencing specified in the arguments of this case, the punishment of the court below against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44(1)2 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. concerning criminal facts, Articles 32 subparag. 1 subparag. 7 of the Act on the Promotion of Alternative Game Industry ( comprehensively referred to as “the exchange of game outcomes”) and Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. (the point of speculative acts using speculative gaming machines), and each of the imprisonment options.

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