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(영문) 창원지방법원 2013.09.13 2013노1148
게임산업진흥에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment for 10 months, the surcharge 10 million won) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant recognized the instant crime and reflected, the fact that the victim of the fraudulent case agreed smoothly with the victim, and the victim of the embezzlement case revoked the complaint against the defendant.

However, since the social harm of the illegal speculative game room is serious, it is necessary to make a strict punishment therefor; the size of the illegal speculative game room operated by the defendant is small; the operating period is also difficult to be considered to be a short period; the operating profit also seems to have been considerable; the defendant not only avoided control over the nominal owner of the business and operated the illegal speculative game room systematically with his accomplices, but also the nature of the crime is not good, such as the defendant's escape for a long time after crackdown; and the criminal punishment against other crimes similar to the crime of this case is equity with criminal punishment for other crimes similar to the crime of this case, as well as other various conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime of this case, it is not recognized that the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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