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(영문) 울산지방법원 2013.08.30 2013노298
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case, the sentence imposed by the court below (two months of imprisonment, two years of suspended sentence, one of 120 hours of community service, confiscation) is too unreasonable.

2. The fact that the defendant does not have the same criminal record is favorable to the defendant.

However, such circumstances appear to have been determined in full consideration of the court below. The crime of this case is deemed to have been committed in cash in a toilet when the defendant operated the game room, and the nature of the crime is not less than that of the defendant, the defendant committed again the crime of this case even though he had been sentenced to suspended execution on two occasions due to a violation of the Punishment of Violences, etc. Act, and the defendant committed the crime of this case in spite of the past two times. The place of business of this case is not smaller than the size of the business, but more than two months, and all other sentencing conditions such as the defendant's age, character, character, environment, and circumstances after the crime. Thus, the defendant's 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 ground that it is without merit.

[However, among the "application of the law" of the judgment below, it is clear that Articles 44 (1) 2 and 32 (1) 1 of the Game Industry Promotion Act, Article 30 (a) of the Criminal Act, and Articles 30 (a) and 5 and 6 of the Criminal Act are erroneous statements. Thus, it is obvious that all of them are deleted ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure, and correction is made ex officio.]

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