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(영문) 대전지방법원 2016.06.24 2015노3514
게임산업진흥에관한법률위반방조
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won) is too unreasonable.

2. The following are favorable circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant’s act was against the mistake; (c) the degree of participation by the Defendant’s act was limited to aiding and abetting; and (d) the perception of illegality appears to have been weak; (c) the profits acquired by the commission of the instant crime were not much high; and (d) the Defendant’s physical disability 6th degree and basic living recipients, which are difficult to

However, the court below seems to have determined the punishment by taking into account all the favorable circumstances as above.

Since the operation of the illegal game room is highly detrimental to society by encouraging excessive speculative spirit to the general public and hindering sound work consciousness, it is necessary to punish the act of aiding and abetting it.

In addition, in full view of the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, various sentencing conditions as shown in the instant records and the previous theories, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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