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(영문) 인천지방법원 2013.08.09 2013노1270
게임산업진흥에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (a fine of KRW 20 million, confiscation) is too unreasonable.

2. The judgment was based on the following facts: (a) the Defendant recognized each of the instant crimes and against his mistake; (b) the running period of the instant illegal game room is not long; and (c) the Defendant did not have the same criminal power; and (d) the Defendant did not have the same criminal power.

However, in light of the fact that each of the crimes of this case provides the defendant with the "sea" game without being classified in the course of running the illegal game room, and exchanged the result obtained through the use of the game, and that there is a great harm to the society, such as encouraging excessive speculative spirit to the general public and impairing sound labor awareness, etc., the crime is not less complicated, and there is a need for strict punishment in that the crime is not eradicated despite continuous control, and the game machine provided in the game of this case is not small to 30 times, etc., and other various sentencing conditions specified in the records and arguments, such as the defendant's age, happiness, family environment, and circumstances before and after the crime, etc., the sentence against the defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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