logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2013.04.19 2012노990
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of fine) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant’s conviction in depth and reflects the instant crime; (b) the size of the instant game room is not large; and (c) the Defendant has no record of punishment for the same kind of crime.

However, since the operation of illegal gambling games is highly harmful to society by encouraging excessive speculative spirit among the general public and hindering their sound sense of labor, it requires strict punishment. The Defendant was sentenced to two years of imprisonment on October 10, 2007 due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and committed the instant crime during the period of repeated crime after the execution of the sentence was completed, and the business period of the game of this case is short, etc. that are disadvantageous to the Defendant.

In addition, taking into account the above favorable circumstances of the defendant, the court below appears to have been sentenced to a fine to avoid sentence of the defendant even though the defendant committed the crime of this case during the period of repeated crime, and taking into account various sentencing conditions indicated in the records, such as the defendant's age, character and conduct, motive and circumstance of the crime, the court below's punishment is appropriate and too unreasonable.

Therefore, the defendant's assertion is not accepted.

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

arrow