(영문) 울산지방법원 2014.04.04 2014노119 | 리걸엔진

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(영문) 울산지방법원 2014.04.04 2014노119

게임산업진흥에관한법률위반등

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1. The part of the judgment of the court below regarding Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal asserts that all the defendants of the judgment below's punishment (the defendant A, B's imprisonment of October, and the defendant D's imprisonment of 6 months) is too unreasonable.

2. Determination

A. As the judgment of the court below properly stated in relation to the grounds for appeal by Defendant A and D, Defendant A committed the same crime even though they were under the same crime, and Defendant D was sentenced to a fine for the business of the game room; however, Defendant D was sentenced to a fine for the business of the game room at the time of the suspension of execution, which was under the court of first instance, and was sentenced to a fine by the appellate court. Nevertheless, considering the fact that the Defendants committed the same crime, even if considering the favorable circumstances, such as the fact that the Defendants were committed upon their own commission of the crime, and that there was a family member to support, the sentence by the court of first instance cannot be deemed unreasonable.

Therefore, the above defendants' arguments are without merit.

B. As to the grounds for appeal by Defendant B, it is necessary to strictly punish Defendant B, in light of the following: (a) the business of illegal game places, such as the instant crime, in which the gambling spirit of the general public is promoted and the desire to work is lowered; and (b) Defendant B, from May 13, 2013 to June 11, 2013, was under the police control and investigation; (c) Defendant A, along with Defendant A, operated the game room from September 17, 2013 to October 28, 2013; and (d) Defendant B operated the game room from September 17, 2013 to October 6, 2013.

However, on the other hand, Defendant B did not have the same criminal record, and only has the record of having been sentenced once to suspended sentence for violent crimes 15 years prior to the instant crime, and there was no other record of having been sentenced to suspended sentence or heavier punishment, and the time and depth of the instant crime is divided.

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