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(영문) 부산지방법원 2013.09.13 2013노1694
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence imposed by the court below on the Defendants (three years of suspended execution for each of the defendants, three years of probation, and one hundred and twenty hours of community service order) is too unreasonable.

2. It is recognized that the defendants worked in the game of this case as an employee, and did not work in the status of operating the game of this case; the defendants recognized the crime of this case and reflect their depth; the defendants have family members to support the defendants; and the defendants may somewhat interfere with their livelihood when a community service order is imposed on the defendants.

However, in light of the seriousness of the social harm and harm of the game room business, such as encouraging a speculative spirit of the general public and undermining the desire to work, it is inevitable to punish the related persons. In light of the size and operation period of the game room of this case, there is a record of being sentenced to suspension of execution due to the same type of crime, and even though there was a record of being sentenced to a fine during the grace period, the defendant B works as an employee in the game of this case and went to the crime of this case. The defendant C also has a record of being punished for the same crime, and there is no special circumstances or changes that can be newly considered in the sentencing of the defendants after the sentence of the judgment of the court below. In full view of all other circumstances that form the conditions of sentencing as shown in the records, such as the defendants' age, environment, family relationship, occupation, and conditions before and after the crime, the sentence of the court below imposing each probation and community service order is unreasonable.

The Defendants’ assertion is without merit.

3. According to the conclusion, since all of the defendants' appeals of this case are without merit, they are all dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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