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(영문) 창원지방법원 2016.02.18 2015노3006
게임산업진흥에관한법률위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The business of the illegal game room is likely to instigate a speculative spirit to harm the general public's sound sense of work, the defendant is recognized to have committed the crime of this case again during the suspended execution period for the same kind of crime despite the fact that the defendant had committed the crime of this case, but it is recognized that the defendant committed the crime of this case again during the suspended execution period for the same crime of this case. The defendant has no record of being sentenced to a suspended execution or heavier punishment for five months as a crime of the same kind related to the illegal game, there is no record of the crime of violation of the Military Service Act, there is no record of the same crime of violation of the Military Service Act, there is no record of the crime of the same kind related to the illegal game, the game room's operating scale is not much significant, and many people want the defendant's preference, the period of the suspended execution is over, and the defendant's age, environment, sex, motive, motive for the crime, and circumstances before and after the crime. In full view of various circumstances, the court below's punishment is somewhat unfair.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44(1)2, Article 32(1)1 (which provides for the use of game water not classified as the rating) of the Act on the Promotion of Game Industry concerning criminal facts, Article 44(1)2, and Article 32(1)7 (which provides for the exchange of water as a result of acquisition through the use of game water) of the Act on the Promotion of Game Industry, and Article 90 of the Military Service Act.

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