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(영문) 부산지방법원 2015.05.14 2015노712
게임산업진흥에관한법률위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (one year of imprisonment) is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. The crime of this case, such as the crime of this case, requires strict punishment for the defendant, considering the following: (a) the illegal game room business, such as the crime of this case, is highly harmful to the general public’s spirit of gambling and undermining their will to work; (b) the defendant, as a business owner, fully aware of the illegality as above and operated a secret game room; (c) the defendant attempted to conceal unemployment on the ground of "boom president"; and (d) the period of operation of the illegal game room is not short; and (e) the amount of the game room is not small and medium because the installed game machine amounts to 60 times and the size of the game room is not small.

However, considering the fact that the defendant has no record of punishment for the same kind of crime, that the defendant's health status is relatively poor, that it is necessary to consider equity in punishment with accomplices in determining the defendant's punishment, and other factors of sentencing that are shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, method and background of the crime, degree of participation in the crime, circumstances after the crime, etc., the sentence imposed by the court below may be determined as appropriate

Therefore, the prosecutor and the defendant's above arguments are without merit.

3. If so, 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. It is so decided as per Disposition.

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