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(영문) 부산지방법원 2016.03.18 2015노4614
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal (defendant B: imprisonment with prison labor for 10 months, confiscation and collection, and imprisonment with prison labor for 8 months) declared by the court below against the defendants is too unreasonable.

2. It is recognized that the Defendants recognized the instant crime and are against their mistake; Defendant B did not have any history of criminal punishment except for those punished twice by the fine of this kind; Defendant C has no history of criminal punishment except for those punished once by the fine of this kind; and Defendant C has a family member to support the Defendants.

However, the crime of this case is committed by Defendant B operating the game room in which approximately 40 game machines are installed between the 2-months, and customers operate the game room by issuing cphones according to the points obtained by them and exchanging the said cphones in cash. Defendant C issued the above coophones and managed the above coophones in general. In light of the scale of the crime and the method and degree of coverage, etc., the issue is not less than that of the above game room, and the crime related to the illegal game hall need to be punished strictly for highly harmful crimes, such as impairing the citizens’ awareness of good labor by promoting excessive speculative spirit, and impairing sound labor. There are no special circumstances or changes in circumstances that may be newly considered at the appellate trial stage after the issuance of the judgment of the court below, and there are other various circumstances that form the conditions for sentencing as shown in the records, such as the age, environment, family relations of the Defendants, the circumstances leading to the crime of this case, and the conditions before and after the crime.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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