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(영문) 전주지방법원 2015.09.04 2015노727
게임산업진흥에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, two years of suspended execution, two years of probation) is too uneased and unreasonable.

2. The crime of this case requires strict punishment for the defendant, considering the fact that the defendant provided a game product that was not rated to customers while operating the PC in his/her name, exchanged the outcome of tangible and intangible which was obtained through the use of the game product, operated a entertainment drinking club and operated a business of arranging sexual traffic, and the defendant committed the crime of this case again despite the fact that he/she had been sentenced twice to a fine due to the crime of violating the Game Industry Promotion Act, despite the fact that he/she again committed the crime of this case.

On the other hand, however, considering the fact that the defendant led to the crime of this case and made a mistake against the defendant, the frequency of brokerage of sexual traffic is only one time, there is no history of punishment for the crime of arranging sexual traffic, and there is no record of criminal punishment exceeding the fine due to the crime of violating the Game Industry Promotion Act, and other all the sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, family environment, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

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

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