(영문) 부산지방법원 2008.11.11.선고 2008고합341 판결

A defendant shall be punished by imprisonment with prison labor for twenty years. The number of days under detention prior to the pronouncement of this judgment shall be included in the above sentence.

Reasons

Criminal History Office

The Defendant was a person who was working as a organized violence soldier in Busan Dongdong-dong-dong.

1. Around March 2007, after being known to the general public, operated an illegal adult entertainment room as a partnership business. The Defendant is responsible for the preparation of various equipment and expenses, such as the lease of entertainment rooms and the installation of entertainment equipment and crime prevention equipment, and A is engaged in the management of entertainment rooms, and the Defendant is willing to externally operate A mixed entertainment rooms and to reflect profits.

A. (1) A person who intends to conduct a game providing business shall conduct a general game providing business by installing 38 game apparatuses, such as IDSS Amama2, from April 1, 2007 to April 4, 2007, without registration, in Busan Dong-gu from 1 April 2007 to 2 April 4, 2007.

(2) Despite the fact that the offer of free gifts, etc. does not encourage speculation, (10,00 won per 10,000 won per 10,000 won if many and unspecified customers input cash in the said amusement machine and 20,000 won if the accumulated points of mechanical score are 20,000 points per 5,000 points per 10,000 won; and (2) if the accumulated points of mechanical score are more than 20,000 points per 5,000 points per 1,000 won, it is encouraged to promote speculation in the method of paying one of the above cultural product rights, which is not determined and publicly notified by the Minister of Culture and Tourism, at the time and place specified in the preceding paragraph;

B. (1) A person who intends to conduct a general game providing business shall conduct a general game providing business by installing 39 game apparatuses, such as nitromato2, from April 17, 2007 to April 30, 2007, with no permission from the competent authorities, from April 17, 2007 to April 30, 2007.

(2) Despite the fact that many and unspecified customers are not allowed to engage in gambling and other speculative acts using a game product, (i) at the time and place indicated in the preceding paragraph, (ii) at 39 game machines, such as nitromato2, etc., (iii) the right of 5,000 won per 10,000 won per 10,000 won per 10,000 won when a large number of unspecified customers input cash in the game machine, and (iii) the number of the games is divided into three, and (iv) if the accumulated points of the mechanical score are above 20,000,000 won, one of the above cultural product rights per 5,000 won per 5,00 won per 5,000 won per 1,450 won per 1,500 won per 1,500 won per son, and (iv) purchase the game product by using the game product as mentioned above.

(3) A person is prohibited from exchanging, exchanging, arranging, or repurchasing tangible and intangible results obtained through the use of a game product. However, the date and time set forth in Paragraph (1) above, and at the place, an unspecified number of customers are provided with the game in the above game site in cash at KRW 4,500 per cash. (1) A person who intends to engage in a general game providing business shall purchase and exchange ice cultural products in KRW 4,500 per cash. (1) A person who intends to engage in a general game providing business without permission from the competent authority, despite having obtained permission from the competent authority, carries out a general game providing business by installing 45 game machine units, such as nitromato2, etc., at an adult amusement room with no trade name of the first floor above the Busan Dongdong-dong, Busan Metropolitan City, from May 18, 2007 to May 23, 207; and

(2) Despite the fact that many and unspecified customers are not allowed to engage in gambling and other speculative acts using a game product, (i) at the time and place indicated in the preceding paragraph, (ii) at 45 game machines, such as nitromato2, etc., (iii) 5,000 won of the issuance of compliance, and (iv) at 10,000 won per 10,000 won when a large number of unspecified customers input cash in the game machine, and (iv) at 20,000 won when a number of games is divided into three different numbers, and (v) the accumulated point of mechanical score is 20,000 won when the score is above 5,000,000 won, and (v) at 5,000 won of the gift certificate per cash 4,500 won per 5,00 won of the gift certificate, the game product was purchased by using the game product as mentioned above.

(3) No person shall exchange, arrange for exchange, or repurchase tangible and intangible results obtained through the use of a game product for business purposes, the date and time set forth in paragraph (1) above, and at a place where an unspecified number of customers are provided with the game in the above game site and with free gifts, and exchange, at KRW 4,500 per cash per 1.

(iv)provide the use of, or display or keep for, ungraded games for distribution or use, or for that purpose, 45 games, such as nitromato2, which are game products not rated at the date and time and place specified in paragraph (1) above, by allowing many and unspecified customers to play games;

D. (1) A person who intends to conduct a general game providing business shall conduct a general game providing business by installing 39 game apparatuses, such as NGG, at an adult amusement room with no trade name on the first floor underground of the Busan Dong-dong, Busan on June 5, 2007, without obtaining permission from the competent authorities, even though he/she obtained permission from the competent authorities;

(2) Despite the fact that it is prohibited to allow gambling and other speculative acts using a game product, at the time and place mentioned in the preceding paragraph, (1) in the game machine 39 units, (2), 5,000 won of the issuance of 10,000 won per 10,000 won per 10,000 won if many unspecified customers input cash in the game machine, and 10,000 won per 10,000 won per 10,000 won of the game machine, and the winning result in the game machine is 20,000 won per 5,000 points per 1,000 won of the above cultural product right, and thereafter, if the accumulated score of the machine score is above 20,000 won, the game product is provided with one copy of the above cultural product right, and 5,000 won per 1,500 won per 1,00 won of the gift product right, and 5,000 won of the game product.

(3) no person shall exchange, arrange for exchange, or repurchase tangible and intangible results obtained through the use of a game product for business purposes, the date and time set forth in paragraph (1) above, and at a place where an unspecified number of customers are provided by the game in the above game site with gift (ju) No. 21C issued by the general public, shall purchase and exchange in 4,500 won in cash per sheet;

(4)provide for use by unspecified customers with 39 game equipment, such as NGG, which is a game product not rated at the date and place specified in paragraph (1) above, and allowing them to play a game, even if the game was not provided for distribution or use, or displayed or stored for that purpose;

E. (1) A person who intends to engage in a general game providing business shall, without obtaining permission from the competent authority, install 29 game apparatuses, such as sand-2, in the adult amusement room from July 3, 2007 to July 5, 2007, without obtaining permission, at the adult amusement room without a trade name of the first floor above the inside-dong of Busan Dong-dong from July 3, 2007; and

(2) Despite being prohibited from allowing gambling and other speculative acts using a game product, at the time and at the place described in the preceding paragraph, 5,000 won of (1,400 won of gift certificate of love distribution in the game machine and 1,400 won of gift certificate of 10,000 won per 10,000 won when many and unspecified customers input cash in the game machine, and 20,000 won per 10,000 won of the game machine and 3 of the number are divided into the game machine, and the accumulated score of machine score is above 20,000 won, if the accumulated score is above 20,000 won, one of the above gift certificate of 5,000 won was paid to the customers, and 5,000 won of gift certificate was purchased from them by means of cash 4,500 won per 1,500 won of gift certificate as above.

(3) no person shall exchange, arrange for exchange, or repurchase tangible and intangible results obtained through the use of a game product for business purposes, but at the time and place specified in paragraph (1) above, and at the same time and place, a large number of unspecified customers are provided with the game in the above game site and with free gifts (ju), purchase and exchange the right to love or share in the issuance of a sample in cash per sheet 4,500 won;

(iv)provide the use of, or display or keep for, the ungraded game products for distribution or use, but not for that purpose, 29 game instruments, such as mato-2, which are game products not rated at the date and place specified in paragraph (1) above, and offer them to unspecified customers by having them play the game;

(f) (1) A person who intends to conduct a general game providing business shall conduct a general game providing business by installing 21 game apparatuses, such as Bluetomato2, in an adult amusement room with no trade name on July 28, 2007, the first floor underground of the Busan Dong-dong, Busan, without obtaining permission from the competent authorities, even though he/she obtained permission from the competent authorities;

(2) Although it is prohibited to encourage speculation by providing free gifts, etc., it shall include 5,000 won per 21 premiums in the game machine, at the time and place described in the preceding paragraph, (5,000 won per 10,000 won per 10,000 won per 10,000 won when a large number of unspecified customers make cash in the game machine, and 20,000 points per 5,000 points per 10,000 won when a number of unspecified customers draw up the game machine, and if the number 3 is 20,000 points when the accumulated points of the machine are more than 20,000 points, it shall promote speculation by paying one of the above cultural product tickets per 5,00 points;

(iii)provide an unspecified number of customers with a game machine, such as Blutoma2, which is a game product not rated at the date and place specified in paragraph (1) above, and provide an unspecified number of customers with a game for use, even if the game was not provided for distribution or use, or displayed or stored for that purpose;

G. (1) A person who intends to conduct a general game providing business shall conduct a general game providing business by installing 30 game apparatuses, such as Bluetoma, at an adult amusement room with no second floor of the Busan Dong-dong, Busan on August 17, 2007, without obtaining permission from the competent authorities, even though he/she obtained permission from the competent authorities;

(2) Although the offer of free gifts, etc. does not encourage speculation, it shall be placed at the time and place specified in the preceding paragraph in box 30 points, and in box 5,000 won of (ju)-sharing gift tickets of KRW 2,532 of the game machine and 10,000 per 10,000 if many unspecified customers input cash in the said game machine, and 10,000 won per 10,000 won if the game press presses are divided into the game presses, and the winning results result in the game press is 20,000 points if the accumulated points of the machine exceeds 20,000 points per 5,000 points; and

(iii)provide for use by setting up 30 games, such as Blutoma, which are game products not rated at the date and time and place specified in sub-paragraph (1) of the same paragraph, and allowing them to play gold games with many, unspecified customers, even though they are not provided for distribution or use, or display or storage for that purpose;

(h) (1) A person who intends to conduct a general game providing business shall conduct a general game providing business by installing twenty-one game machine, such as musical I, at an adult amusement room with no two different floors from the name of the head of the Busan Dong-gu, Busan on November 2, 2007, without obtaining permission from the competent authorities;

(2) Despite the fact that it is prohibited to allow gambling and other speculative acts using a game product, at the time and place indicated in the preceding paragraph, (1,642 note 5,00 won per 10,000 won per 10,000 won per 10,000 won per 10,000 won when a large number of unspecified customers input cash in the game machine, and 20,000 won per 5,000 won per 5,000 won per 5,000 won per 1,50 won per 1,50 won per 1,000 won, and the winning result in the game machine is 20,000 won per 3.

(iv)provide the use of, or display or keep for, the ungraded game products for distribution or use, but not for display or storage, 21 games, such as communities II, which are game products not rated at the date and place specified in sub-paragraph (1) above, by allowing unspecified customers to play a game;

2. At 18:00 on December 30, 2007, at 200, an 333 years old-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter referred to as "the victim's illegal adult amusement room was regulated by the defendant's report that he was no longer capable of running his business." The victim's 20 days old-dong-dong-dong-dong-dong-dong-dong-dong-dong 2.

3. On April 14, 2008, while making a telephone call with C3 in China during the commission of the crime described in the preceding paragraph, with the intent to flee to China through H introduced by C3 and introduced by C3. On May 10, 2008, when intending to depart from the Republic of Korea to an area outside the Republic of Korea, she shall undergo the departure inspection of immigration officers at the entry port where she leaves the Republic of Korea with a valid passport, but on May 10, 2008, 30,000 won should be paid if she succeeded to the escape to China using the "No. 4th of May 13, 2008, she called "No. 5th of May 14, 2008, 100, 300,000 won should be paid to 30,000,000 won if she had been on the 14th of May 14, 2008, 108,0000.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 45 subparag. 2 and Article 26(1) of the former Promotion of the Game Industry Act (amended by Act No. 8247 of Jan. 19, 2007; hereinafter the same shall apply), Article 30 of the Criminal Act, Article 45 subparag. 3 and Article 28 subparag. 3 of the former Promotion of the Game Industry Act, Article 30 of the Criminal Act (amended by Act No. 1006 of Jan. 19, 200), Article 45 subparag. 2 and Article 26(1) of the Criminal Act, Article 30 of the Criminal Act (amended by Act No. 8247 of Jan. 19, 200), Article 45 subparag. 1 and Article 26(1) of the Criminal Act, Article 30 of the Criminal Act, Article 44 subparag. 1 and Article 28 subparag. 2 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, Article 42 subparag. 1 and 4(1) of the Criminal Act, Article 2 subparag. 37 of the Criminal Act.

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Concurrent Crimes of homicide with the largest punishment)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

Judgment on the Defense Counsel's argument

A defense counsel asserts that the defendant was under the influence of alcohol at the time of committing the murder of this case, and that he was in a state of

According to the above evidence, even though the defendant was aware that he had received a little amount of alcohol at the time of committing the crime of murder of this case, it does not seem to have reached a weak level of ability to discern things or make decisions. Accordingly, the above assertion by the defense counsel is rejected.

The crime of murder during the crime of this case for the reason of sentencing is prepared in advance for the reason that the defendant was neglected by the victim in his post-satising the victim, and then murdered by knife at several times.

Since human life is of dignity that cannot be replaced with any value on the world and the highest value that the State and society should give priority to protecting, infringing act is unacceptable for any reason. However, the crime committed by the defendant who deprived of the noble value of the victim's life due to such minor motive is extremely difficult to obtain the victim's common sense. In addition, the crime committed by the defendant is a serious crime that seriously threatens our judicial order and, at the same time, kills the victim's knife with the knife prepared in advance, 20 times or knife with knife with the victim's body, and knife with the victim's knife prepared in advance.

Nevertheless, the Defendant, without any doubt about the above crime, tried to reply against the above crime, pay the corresponding amount of compensation, and to reply to it, was discovered and arrested in China upon considering only one's security while trying to keep the above crime in secret. The circumstances after the crime are also very good. In addition, with respect to the bereaved family members of the victim who lost an infant love in this court even though the Defendant appeared to be contrary to this court, there is no effort to compensate for it, and there is doubt as to whether the victim's behavior was attributable to the subsequent meeting on his act and the unfolding against the victim, and the father of the victim complained of the victim's severe punishment. Considering all such circumstances, it is inevitable to sentence the Defendant with severe penalty corresponding to the result of the act, which is sentenced to the order of the punishment.