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(영문) 대구지방법원 2014.06.13 2014노31
게임산업진흥에관한법률위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months and two years of suspended execution, confiscation, and confiscation for Defendant B: imprisonment for one year and two years of suspended execution, community service work 160 hours and confiscation) against the Defendants of the lower court are deemed to be too unfasible and unfair.

2. The crime of this case is recognized as having great social harm, such as encouraging the speculative spirit of the people and hindering sound labor awareness, and the Defendants continued to engage in money exchange business for a certain period after the crackdown, and in particular, in the case of Defendant B, the attitude in the process of the crime of this case and the investigation is not good.

However, in light of all the circumstances such as the Defendants’ status and role in the instant crime, the Defendants’ age, character and conduct, environment, the background and method of the instant crime, and the circumstances after the instant crime, etc., it appears that the Defendants were forced to have committed the instant crime for a period of two months, and that there was no same criminal record, and there was no record of criminal punishment exceeding the fine. Defendant A appears to be an employee employed by Defendant B that there was no benefit acquired from the instant crime. In full view of all the circumstances such as the Defendants’ status and role, the Defendants’ age, character and conduct, circumstances of the instant crime, means and method, etc., the lower court’s punishment against the Defendants is deemed unreasonable.

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

(However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the Act on the Promotion of Game Industry in Chapter 2 of the judgment of the court below shall be corrected to "each Game Industry Promotion Act".

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