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(영문) 창원지방법원 2015.08.13 2015노1054
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment (the imprisonment of 10 months, confiscation and collection of 48.5 million won, the fine of 5 million won, confiscation, and confiscation of 30 million won, the fine of 5 million won, and the fine of 5 million won) declared by the court below is too unreasonable.

2. Determination

A. It is recognized that Defendant A partially recognized the instant crime and reflects the wrongness of Defendant A, the fact that Defendant A donated KRW 5 million to the Community Chest of Korea after the judgment of the court below was rendered, and the size of the instant game site is relatively small.

However, the crime of this case is a case where Defendant A installed game products with contents different from those of Defendant A’s rating in a computer and provided them to unspecified customers, and furthermore, exchanged or arranged for exchange of game results. This is a crime that might cause harm to the general public’s sound sense of labor by promoting a speculative spirit, and is in need of strict punishment, Defendant A has the history of punishment for the same crime, and Defendant A operates the game of this case around June, 2013 during the suspension period of execution on the crime of injury resulting from special obstruction of performance of official duties.

In full view of the following circumstances: (a) continuing to conduct business even after it was controlled; (b) balance with the criminal punishment for other crimes similar to the instant crime; and (c) the age, character, conduct, occupation and environment of Defendant A; (d) family relationship; and (e) the developments and results of each of the instant crimes; and (e) the conditions of sentencing as shown in the records and arguments, such as the circumstances after the commission of the crime, it cannot be deemed unfair since the sentence imposed by the lower

B. Defendant B, part C, and C recognize the instant crime and reflects the wrongness thereof; Defendant B served as an employee in the instant game site; Defendant B had no record of criminal punishment other than being punished by a fine for a violation of the Road Traffic Act (unlicensed Driving) around November 2007 and around April 2008; and Defendant C’s criminal punishment.

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