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(영문) 부산지방법원 2017.04.20 2017노241
게임산업진흥에관한법률위반
Text

The judgment below

Of them, the part on Defendant E, F, and H shall be reversed.

Defendant

E, F, and H are subject to each fine of KRW 3,00,000.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by Defendant C (two years of suspended sentence for six months of imprisonment, and 80 hours of community service order) by the lower court is too unreasonable.

(c)

Defendant

E The sentence imposed by the court below (two years of suspended execution in June, and 80 hours of community service order) is too unreasonable.

(d)

Defendant

F The sentence of imprisonment (two years of suspended sentence for six months of imprisonment, two years of community service order, 80 hours of community service) imposed by the court below is too unreasonable.

E. Defendant H’s sentence (two years of suspended sentence for six months of imprisonment, and 80 hours of community service order) imposed by the lower court is too unreasonable.

2. Determination

A. It is recognized that Defendant B led to the confession of the instant crime.

However, Defendant B, as the manager of the game site of this case, is not easy to take part in the crime of exchanging the result of the game of this case, and was sentenced to a suspended sentence of one year of imprisonment with prison labor for a violation of the Game Industry Promotion Act in around 2011, etc., and is also liable to attract Defendant G of the court below to the crime of this case.

The sentence of the court below is not hot, in light of the following facts: (a) considering the age of Defendant B, sexual conduct, environment, and past convictions, all the sentencing conditions specified in the records and arguments of the case; and (b) the sentence imposed by the court below is not severe.

B. It is recognized that Defendant C led to the instant crime.

However, Defendant C is a person who directly exchanged with money, and the degree of participation in the instant crime is not weak.

In addition, considering these factors, the sentence imposed by the court below is not heavier, in full view of the records of the case and various conditions of sentencing as shown in the previous theories, such as Defendant C’s age, sex, environment, and past convictions.

(c)

Defendant

E, F, H E, F, F, and H are opposed to the confession of the instant crime, and have participated in the said crime as an employee, and have performed the core role in the exchange of game results.

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