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(영문) 울산지방법원 2016.01.22 2015노838
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the respective punishment of the lower court (the 8 months of imprisonment for each of the 8 months, the 2 years of imprisonment for Defendant C, the 6 million won fine for Defendant F, and the 10 months of imprisonment for Defendant K) is too unreasonable.

2. Determination

A. The crime of this case is not likely to be committed in light of the following: Defendant A living room, Defendant C, and Defendant C actively cooperate with the investigation of the crime of this case; Defendant C and K actively contributed to the entry of the owners and employees of AU Gameland; and the crime of this case has no record of the same kind of crime, etc.; however, the crime related to illegal game centers is highly harmful to society by encouraging citizens to commit an excessive speculative spirit, and undermining sound labor awareness; the crime of causing bodily injury resulting from robbery for which judgment has become final and conclusive on August 9, 2013; the crime of this case was committed during the period of parole on August 9, 2013; the crime of causing bodily injury by robbery was committed as the owner of the business; the game room was operated as the owner of the business; and the crime of this case was continuously

In addition, considering the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, various sentencing factors indicated in the records, such as the circumstances after the crime, etc., the sentence of the lower court is too unreasonable, and thus, the Defendant’s above assertion is without merit.

B. The crime of this case is not likely to be committed in light of the circumstances that are favorable to Defendant B, Defendant B’s entire recognition of the crime of this case, and Defendant’s separate detention during the operation of the game of this case, and the fact that the period of management of the game of this case directly could not expire, etc., such as the termination of the execution of the punishment on June 9, 201, interference with the performance of official duties, etc., and the operation of the game of this case during the repeated crime period, and the crime of this case was committed even though he was tried for the same crime.

In addition, records, such as the defendant's age, sex, environment, motive and circumstances of the crime, means and results of the crime, and the circumstances after the crime.

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