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(영문) 울산지방법원 2016.07.21 2016노531
게임산업진흥에관한법률위반등
Text

The judgment below

Of them, the part on Defendant C and D shall be reversed.

Defendant

C and D shall be punished by imprisonment for a year and six months.

Reasons

1. The summary of the grounds for appeal (Defendant Q: 10 months of imprisonment, 2 years of suspended execution, 120 hours of community service, 1 year and six months of imprisonment, 32,309, 600 won, and 1 year and six months of additional collection, and 64,619,200 won of additional collection) are too unreasonable.

2. Determination

A. The fact that Defendant Qua recognizes all of the instant crimes and reflects them, and that the degree of Defendant Qua’s participation is relatively not more severe is favorable to the Defendant.

However, the crime of this case is highly harmful to society by encouraging the citizens' excessive speculative spirit and hindering sound labor, and the defendant has a history of criminal punishment for a suspended sentence of imprisonment for the same crime; the court below seems to have determined the punishment in consideration of equity with the case where the court below simultaneously ruled with the crime of this case and the crime of violation of the Game Industry Promotion Act for which the judgment became final and conclusive; and other various circumstances, including the defendant's age, sex, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, and the sentencing conditions specified in the trial process, are considered to be unfair, since the court below's punishment is too excessive and it cannot be deemed unfair. Thus, the defendant's assertion

B. Defendant C and D’s crime of this case is highly harmful to society by encouraging the citizens’ excessive gambling and hindering sound labor, and the Defendants’ participation in the crime, such as running a game room, is disadvantageous to the Defendants.

However, in full view of the fact that the Defendants recognized all of the instant crimes, and during seven months of detention, and that there is no record of the same kind of crime, and other various circumstances, including the Defendants’ age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is somewhat unreasonable.

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