(영문) 창원지방법원 2015.10.01 2015노1577 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2015.10.01 2015노1577

게임산업진흥에관한법률위반등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment (one year of imprisonment, confiscation, and defendant K: 10 months of imprisonment) declared by the court below is too unreasonable.

2. Determination

A. It is recognized that Defendant B recognized Defendant B’s mistake and reflected his mistake.

However, the Defendant committed the instant crime on December 7, 201, even though he had been sentenced to a suspended sentence of 2 years, a fine of 20 million won, due to the violation of the Game Industry Promotion Act, etc. on December 7, 2011, even though he had been sentenced to a prison term of 8 months, the Defendant committed the instant crime, which is large in size of the controlled illegal game room and large number of games, and was planning or led in advance to commit the instant crime by operating the game room on the ground of the branch office, etc., and the crime related to the illegal game room requires the punishment of severe social harm, such as encouraging the general public’s gambling spirit and undermining the desire to work, etc. In addition, considering the following circumstances, the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, etc., as well as the circumstances after the crime, the sentence imposed by the lower court cannot be deemed to be excessively unfair.

B. It is recognized that Defendant K recognized Defendant K’s mistake and reflects his misunderstanding, and that there is a family member to support.

However, on July 8, 2011, the Defendant received a summary order of KRW 1 million due to a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., and on July 4, 2012, the Defendant committed the instant crime even though he had been sentenced to a suspended sentence of one year for the six months of imprisonment due to the crime of aiding and abetting the Violation of the Game Industry Promotion Act, etc., and on July 4, 2012, in addition, the Defendant committed the instant crime, which is large in size of the controlled illegal game site and large in the number of games, and the crime related to the illegal game room is encouraging

참조조문

-사행행위 등 규제 및 처벌 특례법

유사 판례

-대구지방법원 2014.03.13 2014노83

-창원지방법원 2013.05.09 2013노487

-창원지방법원 2015.11.12 2015노2291

-서울중앙지방법원 2015.04.17 2015노137

-광주지방법원 2015.07.15 2014노2858