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(영문) 부산지방법원 2020.07.23 2020노1157
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (a period of one year, confiscation, and defendant B: Imprisonment with prison labor for not less than ten months, two years of suspended execution, probation, community service, etc.) is unreasonable;

2. The sentence sentenced by the court below is within the recommended range of punishment according to the attached sentencing guidelines (from August to February 2).

In full view of the Defendants’ recognition of crimes and degree of participation (the operation of the game room and the management of the profits of the game room) and others, the punishment was imposed.

The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.

Even if this court re-examines the sentencing factors and other factors of sentencing, the determination of the original sentence against the Defendants is unreasonable.

3. The Defendants’ appeal is without merit.

All appeals are dismissed under Article 364 (4) of the Criminal Procedure Act.

(The original court did not confiscate or collect as to Defendant B pursuant to Article 44(2) of the Game Industry Promotion Act, but it does not appear that only Defendant B appealed, and the subject of confiscation or collection is not clear, and thus, it does not separately confiscate or collect as prescribed in Article 368 of the Criminal Procedure Act.

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