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(영문) 광주지방법원 2016.04.12 2014노3045
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (ten months of imprisonment) of the lower court is so unfluened that it is unfair (the prosecutor stated that the Defendant should be punished by imprisonment with prison labor for three years). The fact that the Defendant provided game not classified as class and received illegal profits through the exchange of merchandise coupons is recognized.

However, in full view of the following circumstances: (a) the period during which the Defendant operated the game room is ten (10) hours, and it does not seem that the profits of the game room would be high by operating the game room with many people; and (b) there are no criminal records of the same kind; and (c) other circumstances that form the conditions for sentencing as indicated in the records and theories of the instant case, including the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence of the lower court is too uneasible and unreasonable.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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