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(영문) 인천지방법원 2013.03.22 2013노4
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are 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 Defendants (Defendant A: Imprisonment with prison labor for 6 months, Defendant C: fine of 3 million won) is too unreasonable.

2. In light of the fact that the Defendants recognized all of the instant crimes and reflected their mistakes, and that the period of operation of the game room is not long and the profits derived therefrom are not high, the circumstances favorable to the Defendants are considered to be favorable.

However, Defendant A went to the crime of this case even when he was a repeated crime; the game machine provided in the game of this case is not small to 40 times; Defendant C does not take part in the crime of this case; the degree of his participation by directly exchanging his employees or money; the crime of this type requires strict punishment because it has great harm to society and has not been eradicated even over continuous control by promoting excessive speculative spirit for the general public; the fairness of sentencing and sentencing for the same and similar cases, and other conditions of sentencing as well as the records and arguments such as the age, family environment of the Defendants, and the circumstances before and after the crime, etc., it cannot be deemed that the sentence of the lower court against the Defendants is too unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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