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(영문) 부산지방법원 2015.08.07 2015노1481
게임산업진흥에관한법률위반
Text

The judgment below

Part concerning Defendant A and C shall be reversed.

Defendant

A and C shall be punished by imprisonment with prison labor for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (two years of imprisonment, confiscation, additional collection, Defendant B: imprisonment with prison labor for one year, confiscation, additional collection, and Defendant C: imprisonment for two years, confiscation, additional collection, Defendant D: imprisonment with prison labor for one year, confiscation, additional collection, confiscation, and additional collection) is too unreasonable.

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

2. The crime of this case against Defendant A’s grounds for appeal is that the defendant provided game products different from the classification of the game of this case to customers and let them perform speculative acts, and exchange the result of the game. The operation of the illegal game room is highly harmful to the general public, such as promoting a speculative spirit of the general public and undermining their will to work, so it is necessary to strictize it. The game room of this case where the defendant operated a money exchange business is installed with 40 to 50 game machines, which are disadvantageous to the defendant. The size of the game room of this case is small and the operation period is not short.

However, in full view of the following circumstances: (a) the Defendant did not have the same criminal record; (b) the Defendant recognized the Defendant to commit the instant crime; (c) the Defendant did not specify the criminal proceeds acquired by the instant crime; and (d) the Defendant’s participation in the instant crime is not significantly significant compared to other accomplices, although the Defendant is the operator of the instant game room, and the degree of participation in the crime does not appear to have been significantly significant; and (d) other circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, environment, family relationship, circumstances leading to

Therefore, the defendant A's above assertion is justified.

3. As to the grounds of appeal by Defendant B, the fact that the Defendant recognized the instant crime, the Defendant’s health condition is not good, and the Defendant is the instant case.

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