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(영문) 춘천지방법원 강릉지원 2014.12.02 2014노455
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment for eight months, two years of suspended sentence, two years of probation, one hundred and twenty hours of community service, and additional collection) of the lower court is too unreasonable;

2. The circumstances are as follows: (a) the Defendant confessions and reflects a crime; (b) there is no record of punishment for the same kind of crime; (c) the aged, and the health status is not good.

On the other hand, the crime related to illegal game products requires strong punishment due to severe social harm, such as encouraging speculation and hindering people's sound sense of work, and considering the size and business period of the game room, etc., the criminal liability of the defendant is not easy, and the profits from the crime of this case seems to be considerable, etc. are unfavorable to the defendant.

In addition to the above various circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, as well as the circumstances after the crime.

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

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