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(영문) 전주지방법원 2016.06.03 2015노1788
게임산업진흥에관한법률위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (a year and six months of imprisonment; 2 years of a suspended sentence; confiscation; community service order; Defendant B: imprisonment with prison labor for one year; two years of a suspended sentence; confiscation; community service order; Defendant C: imprisonment with prison labor for six months; one year of a suspended sentence; and one year of a suspended sentence; and a community service order) is too unreasonable.

2. The crime of this case is a situation unfavorable to the Defendants, such as: (a) the Defendants conspired in collusion for the use of, or display and storage of, the ungraded game water in the “F Gameland” game operated by Defendant A; and (b) the use of the game water was exchanged with the result obtained; and (c) the nature of the crime is not weak; (d) the act of business in the illegal game room harms the general public’s sound sense of work and promotes speculative spirit; and (e) the Defendants Company B had the record of criminal punishment for the same kind of crime.

On the other hand, Defendant A and C did not have any history of criminal punishment prior to the commission of the instant crime, and Defendant A and C did not have any history of criminal punishment, and the period of business operation of the illegal game room is relatively short of 11 days. The Defendants B and C appear to have been an employee to have a relatively minor degree of participation in the instant crime, and the Defendants would not repeat the same.

It is hard to say that there is a favorable circumstance for the defendants.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of the instant case, such as the background of the instant crime, the Defendants’ age, sexual conduct, environment, etc., the Prosecutor’s assertion is without merit, since the lower court’s punishment against the Defendants is too uneasible and unreasonable.

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

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