(영문) 인천지방법원 2018.06.15 2018노302 | 리걸엔진

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(영문) 인천지방법원 2018.06.15 2018노302

게임산업진흥에관한법률위반등

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The original sentence of the first instance court against Defendant A (nine months of imprisonment) is too unreasonable.

In addition, the first instance court recognized the average daily earnings from the operation of the game room of the above defendant as KRW 700,000 and calculated the surcharge as KRW 24,50,00,000 without any clear grounds, the first instance court's surcharge against the above defendant is too unreasonable.

B. The second sentence of the lower court against Defendant H (the imprisonment of September, confiscation, additional collection of KRW 2.50,000) is too unreasonable.

(c)

Defendant

B The judgment of the court below which found Defendant A guilty of the facts charged by the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime, and even if so, the

Even if the court below's sentence 1 (6 months of imprisonment) against the above defendant is too unreasonable.

2. Determination

A. In the event that there is no change in the conditions of sentencing compared to the first instance court of the judgment on Defendant A’s assertion, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In comparison with the lower court’s judgment, there is no particular change in the conditions of sentencing, and the above Defendant committed the instant crime during the period of suspension of execution, and there is a need to strictly punish the offender as impeding the realization of judicial justice by hindering investigation, and that the illegal game room business needs to strictly punish the Defendant as a very serious crime harmful to society, such as promoting the speculative spirit of the general public and impairing the sound sense of work. In full view of the reasons of sentencing revealed in the oral proceedings of the instant case, the first instance court’s sentencing against the Defendant is too large and reasonable.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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