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(영문) 울산지방법원 2013.04.26 2013노165
게임산업진흥에관한법률위반등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the Defendants, each sentence sentenced by the lower court to the Defendants (Defendant A: 10 months of imprisonment, Defendant B: 4 months of imprisonment, Defendant C: 4 million won of fine) is too unreasonable.

B. In light of the overall circumstances of the instant case, the sentence imposed by the lower court on the Defendant is too unhued and unreasonable.

2. Determination

A. In full view of the following circumstances: (a) Defendant A and the Prosecutor’s assertion that each of the instant crimes was committed once again, despite having been sentenced to a suspended sentence of one year for a violation of the Game Industry Promotion Act, and having been sentenced to a suspended sentence of two years; and (b) the Defendant committed the instant crimes again after the control of the game site under Article 2012No3896, which was held in the lower judgment; (c) the Defendant committed a crime under Article 2012No3780 of the lower judgment; and (d) the favorable circumstances, such as the Defendant’s age, character and conduct, environment, and conditions of sentencing, such as the Defendant’s age, character and conduct, and circumstances after the crime, etc., the Defendant’s punishment imposed by the lower court is deemed reasonable; and (d) the Defendant and the Prosecutor’s

B. Defendant B and the Defendants were employees of each game of this case; Defendant C did not have the record of being punished for the same crime; Defendant C did not have the record of being punished for suspension of qualification or more punishment; Defendants did not reflect their mistakes; Defendant B had the record of having been punished several times due to the violation of the Game Industry Promotion Act, etc. However, Defendant B committed each of the crimes of this case during the repeated crime period after having been sentenced to imprisonment for one year and two months due to the same crime in 2010; Defendant B again committed each of the crimes of this case during the repeated crime period after the completion of the execution of the punishment; and the same as the crime of this case, the illegal game room business, such as the crime of this case, promoted the gambling spirit of the general public and lowering their desire to work.

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