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(영문) 대구지방법원 2015.10.01 2014노4918
게임산업진흥에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months, suspension of execution for two years, forfeiture) of the lower court is deemed to be too uneasible and unfair.

2. The crime of this case is likely to cause serious social harm, such as promoting the gambling spirit of the general public, lowering the desire to work, and thus, it is necessary to strictize the crime.

In addition, although the defendant has been punished several times including punishment, he has committed the crime of this case again even though he had the record of criminal punishment.

However, the defendant recognized the error of the crime of this case and is against the depth.

The period of operation of the game of this case is about seven days, and criminal proceeds from the defendant seems to have not been significant.

It is also recognized that the circumstance in which the defendant supports the mother of old age is also recognized.

In addition, examining the age, character and conduct, environment, etc. of the defendant and all of the sentencing conditions shown in the records and arguments of this case, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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

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