(영문) 수원지방법원 2019.11.21 2019노3793 | 리걸엔진

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(영문) 수원지방법원 2019.11.21 2019노3793

게임산업진흥에관한법률위반

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The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B and C shall be punished by a fine of KRW 1,500,000.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants (a fine of KRW 10 million and confiscation, Defendant B, and C: each fine of KRW 3 million) is too unreasonable.

B. The above punishment of the lower court against the Defendants by the prosecutor is too unhued and unreasonable.

2. Determination

A. The crime related to illegal game products related to the assertion of unfair sentencing by Defendant A and the prosecutor is likely to seriously punish the social harm, such as promoting a speculative spirit among the public, impairing the awareness of sound labor, etc., Defendant A led the crime as the owner of the game room, and the period of running the game room is not less than three months, and the number of the game machines installed in the game room is considerable in size as 189, etc. are disadvantageous to Defendant A.

However, the fact that Defendant A was in the first instance and did not repeat the game by recognizing all his errors, and that Defendant A appears to have discontinued the game of this case and not run the game room any longer, and that Defendant A did not have any criminal record, except that he was punished once by a fine as a crime of fraud around 2001, etc., is favorable to Defendant A.

The lower court appears to have determined the sentence in consideration of all the above circumstances, and there is no change in the sentencing conditions compared to the lower court on the ground that new sentencing materials have not been submitted in the trial.

In addition, comprehensively taking account of the various circumstances, such as Defendant A’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing against Defendant A is deemed unreasonable because it goes beyond the reasonable scope of discretion and is too heavy or unreasonable.

Therefore, each of the defendant A and prosecutor's arguments on unfair sentencing is without merit.

B. As to the assertion of unfair sentencing by Defendant B, C, and Prosecutor

유사 판례

-수원지방법원 2019.01.11 2018노6399

-수원지방법원 2016.10.21 2016노5263

-전주지방법원 2019.01.10 2018노1312

-광주지방법원 2015.12.17 2015노618

-광주지방법원 2017.04.12 2017노615