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(영문) 창원지방법원 2012.12.06 2012노1963
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A’s economic situation is difficult and that the Defendant is against the law, the punishment imposed by the lower court (hereinafter “fine 10 million won”) is too unreasonable.

B. In light of the fact that Defendant B is in the position of the Defendant to support his mother, the punishment (a fine of five million won) imposed by the lower court is too unreasonable.

2. Determination

A. Even if there are circumstances as alleged by the Defendant as to Defendant A’s assertion, the crime of this case is deemed to provide 40 games that the Defendant altered as the unemployment weeks in the game room, and the nature of the crime is not good. The crime of this case is deemed to have been committed by the Defendant to provide 40 games that were altered as the unemployment owners in the game room; the crime of this case is serious social harm, such as causing the depression of the game by placing the general public into the harshness of the game; the amount of the game room of this case and its operating period, etc. are deemed to have high value of punishment; and in light of the size of the game room of this case and its operating period, the profit would not be much significant; and in full view of all other circumstances, such as the Defendant’s criminal records, character and conduct and environment, the background and consequence of the crime of this case, the circumstances after the crime, etc., and the above assertion by the

B. Even though the defendant is in a position to support the defendant's assertion of the defendant B, the defendant played an overall management of the operation of the game of this case to attract customers, and the degree of participation is not somewhat weak. The defendant was in charge of exchanging, etc. in another gambling game site at the time of the crime of this case. The size and type of the game of this case, the defendant's character and conduct of business, the defendant's character and conduct and environment, the background and result of the crime of this case, the circumstances after the crime of this case, etc., and all the other circumstances constituting the conditions of sentencing as shown in the records and arguments.

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