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(영문) 광주지방법원 2013.04.03 2013노268
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant led to the confession of criminal facts; (b) the defendant is deemed to have no previous charges; (c) the defendant, despite the fact that he had no previous charges, opened the game site in the trade name called Mineyang-si D even after he took control over April 26, 2012, and operated his business from May 18, 2012 to July 6, 2012; (d) the size of each game site of this case (40 each game period) is not small; and (e) the total period of business is not less than two months; (e) the crime committed through the illegal gambling game room business is serious harm to the general public, such as undermining their sound labor awareness by encouraging a speculative spirit among them; (e) the defendant has been subject to a suspended sentence of criminal punishment on several occasions (three times and twenty times) and the records and all other circumstances revealed in the judgment of the court below, and thus, it does not seem unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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