(영문) 부산지방법원 2016.11.24 2016노2622 | 리걸엔진

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(영문) 부산지방법원 2016.11.24 2016노2622

게임산업진흥에관한법률위반

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

from the defendant.

Reasons

1. The punishment sentenced by the original court (one year of imprisonment, confiscation, and collection) in the summary of the grounds for appeal is too unreasonable.

2. In light of the fact that the crime of this case was committed in the following circumstances: (a) promoting a speculative spirit of ordinary people and obtaining profits from the crime of this case; (b) ultimately causing serious social harm to users, such as causing serious property damage; (c) the defendant, with the 70 game machine and operating a game room in the form of issuing free use vouchers or cards for about 5 months; and (d) the defendant committed the crime of this case, even though he was sentenced to punishment for the same crime, such as exchanging game results to users in around 2009, even though he was sentenced to punishment for the same crime, it is difficult to deny that it is necessary to sentence more severe punishment to the defendant.

However, the defendant is taking the attitude of recognizing and opposing the error in the trial, and the defendant was directly involved in the exchange.

There is no circumstance to deem that there is no reason to believe that the game of this case has actively induced money exchange, and a warning banner has been posted to prohibit money exchange in the game of this case, and the circumstances such as the defendant has no particular criminal power after being subject to criminal punishment for the same kind of crime in around 2009 should also be considered as important in determining the punishment against the defendant.

Considering the above circumstances and the overall circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment sentenced by the court below is too heavy.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The judgment of the court below on the facts charged and the summary of evidence recognized by this court.

참조조문

-형사소송법 제364조 제6항

유사 판례

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