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(영문) 광주지방법원 2015.03.17 2014노2134
게임산업진흥에관한법률위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (two months of imprisonment, confiscation, and collection KRW 6 million) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. We examine both the judgment and the defendant's assertion of unreasonable sentencing.

In light of the fact that a defendant's crime promotes speculation and requires strict punishment, and the defendant disposed of all game equipment in the game room before search and seizure, he did not know personal information and telephone numbers of accomplices, and attempted to conceal the crime by stating that his telephone number cannot be specified in the telephone record, etc., and that the defendant started to operate the game room at the time when two months have not passed since a suspended sentence of two years was sentenced for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, etc., and when two months have not passed since the day when the sentence of two years was finalized

Meanwhile, in full view of the various circumstances, including the fact that the Defendant was under an operation to cut off the left-hand side of September 25, 2014 and received an anti-cam treatment, etc., and the Defendant’s health conditions are not good, such as receiving an anti-cam treatment, supporting the Defendant’s children, having no criminal records of the same kind, and other circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s character and conduct, environment, and family relationship, the lower court’s sentencing is too weak or unreasonable, and thus, the Defendant’s assertion of unfair sentencing is without merit

3. As such, the appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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