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(영문) 광주지방법원 2018.10.30 2018노2514
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in 10 months of imprisonment, confiscation, and collection KRW 4.3 million) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects it, and there is no record of punishment for the same kind of crime.

However, the crime of this case is committed by the defendant in collusion with B and C as the business owner of the game site, and the nature of the crime is not weak, and such crime is highly likely to cause social harm, such as promoting the gambling spirit of the people and impairing sound work awareness.

The Defendant and B had a significant number of game heads operated by the Defendant and B, and the Defendant and B attempted to conceal the instant crime through C after the instant crime was committed.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

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. It is so decided as per Disposition.

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