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(영문) 부산지방법원 2016.07.15 2016노1812
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one hundred months of imprisonment and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s acknowledgement of the instant crime and reflects the mistake, the Defendant’s game room business period is relatively short, the Defendant has no criminal record for the same kind of crime, and there is a family member to support the Defendant.

However, the crime of this case is operated by means of exchanging in cash according to the scores obtained by customers while operating a game room with approximately 40 game machine for about 7 days. In light of the scale and method of the crime, etc., the CCTV was established in the present and the latter part of the above game hall, and the crime related to the illegal game hall requires the punishment of severe social harm and injury, such as promoting the excessive gambling spirit of the people and impairing sound labor awareness, and it is not unreasonable for the court below's punishment, in full view of other various circumstances, which are the conditions for sentencing as shown in the records, such as the defendant's age, environment, family relationship, circumstances leading to the crime of this case, and conditions before and after the crime.

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

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