(영문) 부산지방법원 2013.05.03 2013노512 | 리걸엔진

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(영문) 부산지방법원 2013.05.03 2013노512

게임산업진흥에관한법률위반

Text

The judgment below

Part concerning Defendant A and B shall be reversed, respectively.

Defendant

A shall be punished by imprisonment with prison labor for not more than ten months and by imprisonment for Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, and C’s each sentence sentenced by the lower court to the Defendants (such as one year of imprisonment, one year of imprisonment, one year and six months of imprisonment, and six months of imprisonment) are too unreasonable.

B. Defendant D (1) The fact that the defendant had worked in the game of this case by mistake of facts was not involved in the money exchange or exchange.

(2) The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. The crime committed against Defendant A using a speculative game room business requires a strict punishment for Defendant A in view of the serious social harm, such as the promotion of an excessive speculative spirit among the general public, undermining the awareness of sound labor, and the economic failure at home, and the size and the type of business of the game of this case.

However, in light of the fact that there is no history of punishment for the defendant for the same kind of crime and there is no record of criminal punishment since 1999, the fact that the defendant recognized the crime of this case and reflects his mistake, and other various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the punishment imposed by the court below to the defendant A is somewhat unreasonable.

B. Defendant B had a record of being punished for committing the same kind of crime in 2001, and the crime of using the business of a speculative game room is serious social harm, such as encouraging an excessive speculative spirit among the general public, hindering the awareness of sound labor and causing the economic failure of the family, etc. The Defendant was subject to the crackdown on the game site of this case, and committed the obstruction of performance of official duties during that process, and the size and type of business of the game site of this case need to be strictly punished.

However, the defendant has no record of criminal punishment since 2001, and is in the trial.

유사 판례

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