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(영문) 대구지방법원 2016.04.22 2015노1591
게임산업진흥에관한법률위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendants (one year and six months of imprisonment, two years of suspended sentence, one year of imprisonment, one year of suspended sentence, two years of suspended sentence) is too uneasible.

2. The Defendants’ crime of this case, which led to the promotion of an excessive spirit of gambling by the public, is highly harmful to society, and thus is highly harmful to society, and thus is not eradicated despite continuous crackdown, so strict punishment is required. Defendant A is the actual business owner of the head of the illegal game of this case. Defendant B is the so-called “B president,” and Defendant B is the so-called “B president,” and the nature of the crime is not somewhat weak.

However, the Defendants violated their own criminal acts by living in custody for a period of not more than three months, and the period of the instant crime is more than 17 days and the profits gained therefrom cannot be seen as large.

In addition, Defendant A has no record of criminal punishment for the same crime, and Defendant A has no record of criminal punishment for the same crime, and Defendant A's crime of this case is in the relation of concurrent crimes with injury that became final and conclusive on January 22, 2015, and the latter part of Article 37 of the Criminal Act, and it is necessary to consider equality with the case to be judged at the same time. Defendant B has no record of punishment except for the case where Defendant B has been punished twice by a fine

In addition, Defendant A has the wife and children to support, and family members appeal their wife.

In addition, in full view of the Defendants’ age, sex, family environment, motive and background of the crime, means and consequence of the crime, and other various sentencing conditions, etc., the lower court’s punishment is too unfeasible and unreasonable even if considering the various circumstances asserted by the prosecutor.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered.

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