(영문) 울산지방법원 2017.07.21 2017노679 | 리걸엔진

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(영문) 울산지방법원 2017.07.21 2017노679

게임산업진흥에관한법률위반

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment with prison labor for 8 months, confiscation, and Defendant B: imprisonment with prison labor for 6 months) declared by the court below to the Defendants is too unreasonable.

B. The sentence imposed by the prosecutor by the court below to Defendant A is too unhued and unreasonable.

2. We examine the grounds for appeal against the Defendants and the Prosecutor A.

In light of the fact that the Defendants’ criminal acts are highly harmful to society, such as promoting the speculative spirit of the people and hindering the awareness of sound labor, the business period of the game room is about eight months, and the game room is not only limited to 70 months, but also limited to the size of business by installing the game machine and placing employees, and Defendant B had the record of being punished for the same kind of crime, the Defendants need to strictly punish the Defendants. However, the Defendants showed the attitude of recognizing and opposing the crimes of this case in the first instance; Defendant A has no record of being punished for the same crime; Defendant A has the old and scarcity to support the Defendant B; Defendant B has no record of being punished for the same crime; Defendant A has a old and scarcity to support the Defendants; Defendants are living in good faith without re-offending; and all other circumstances constituting the conditions for sentencing of this case, including the age, sex, environment, family relationship, motive and circumstances leading to the instant crime, and the circumstances before and after the crime, etc., the sentence of this case, which is more severe for each of the Defendants.

As such, the Defendants’ assertion is reasonable, and the Prosecutor’s assertion against Defendant A is without merit.

3. As such, the Defendants’ appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after the pleading (the prosecutor’s appeal against Defendant A is without merit, but the prosecutor’s appeal is dismissed in its separate text, so long as the judgment of the court below is accepted by Defendant A and the judgment of the court below

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