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(영문) 대구지방법원 2021.02.23 2020노2174
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (700,000 won in penalty, confiscation) is too unfilled and unreasonable.

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the fact that the defendant recognized the crime of this case) and unfavorable circumstances (the records that the defendant had already been punished as a violation of the Game Industry Promotion Act, including the suspended sentence, are provided with game products in a way different from the contents of the grade as indicated in the judgment below, and the defendant provided free gifts exceeding 5,000 won in a way different from the criminal facts as indicated in the judgment below, even though it provided free gifts exceeding 5,00

In light of the following: (a) the number of sentencing grounds as seen above and the two times the same force of the defendant are similar to the crime of this case; (b) the sentence of punishment is limited to KRW 300,000; (c) the suspension of sentence and fine should be confiscated; and (d) the five game machine provided to the crime of this case should be confiscated; and (c) the defendant is deemed to have discontinued the game room in the Defendant’s operation; (d) the defendant’s age, career, sex, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime; (e) the circumstances after the crime; and (e) the circumstances after the crime; and (e) there are no special circumstances or changes of circumstances that make it possible for the court below to change

shall not be deemed to exist.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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