(영문) 부산지방법원 2017.01.13 2016노4154 | 리걸엔진

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(영문) 부산지방법원 2017.01.13 2016노4154

게임산업진흥에관한법률위반

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The judgment of the court below is reversed.

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

Seized evidence 1 to 7 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (ten months of imprisonment) is too unhued and unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant’s judgment reflects the instant crime, and that two fingers cut off, making it difficult to work normally, making it difficult to spread the suspicion of the instant crime, and causing the instant crime.

However, the crime of this case is limited to the case of managing and operating a game room by exchanging in cash at two places where the defendant had 40 game machine and 50 game machine are installed, in light of the scale and method of crime, etc., and the crime related to the illegal game room is highly harmful to society, such as promoting an excessive gambling spirit of the people, impairing the awareness of sound labor and playing a role as a fund for organized violence, etc. It is necessary to punish the crime of this case. Despite the fact that the defendant had been sentenced to punishment for the same crime, it is going back to the crime of this case, and other various circumstances, including the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and circumstances before and after the crime, etc., the sentence of the court below is deemed to be unfair because it is too unfeasible.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

Although the appeal by the defendant is groundless, the decision of the court below shall not be dismissed separately from the disposition, so long as the appeal by the public prosecutor is accepted.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

유사 판례

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