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(영문) 전주지방법원 2018.08.10 2018노760
게임산업진흥에관한법률위반
Text

The judgment below

The part of the defendant A, C, and E shall be reversed.

Defendant

A, Defendant C, and E, in one and half years of imprisonment of one year and six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendants (a three years of imprisonment, Defendant C, and E: Imprisonment with prison labor for each of the three years, Defendant C, and Defendant D: Imprisonment with prison labor for each of the four months and six months) is too unreasonable.

2. Determination

A. The crime of this case in collusion with Defendant A, C, and E constitutes the crime of this case in which the Defendants committed the crime of this case without being aware of the fact that the Defendants committed the crime of this case without being aware of the fact that the Defendants committed the crime of this case even though they had been subject to criminal punishment several times for the same crime, in particular, even though they had been under suspension of execution due to the same crime.

However, in full view of the following facts: (a) the Defendants recognized all crimes of this case; (b) Defendant C and E appear to have been detained for more than two months in prison; (c) Defendant C and E had no record of criminal punishment for the same kind of crime before; (d) the period of the crime is not long; and (c) the Defendants appears not to have much profits from the crime of this case; and (d) other factors of sentencing as indicated in the records and arguments, such as the background of the crime of this case, the Defendants’ age, sexual behavior, environment, etc., are deemed to have been too unreasonable.

Therefore, the defendants' arguments are justified.

B. As to the Defendant’s assertion, the fact that the Defendant recognized the instant crime and reflected the mistake, and that the period of the crime was not long, is favorable to the Defendant.

On the other hand, the crime of this case was committed by the defendant in collusion with A, etc. by exchanging points acquired by customers through the game in the "L Gameland", and the nature of the crime is not less than that of the crime as a business of exchanging game results, and the defendant has already been suspended for the same crime.

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