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(영문) 대구지방법원 2018.03.23 2017노4999
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (Defendant A: a fine of 5 million won, Defendant C: a fine of 2 million won) declared by the court below to the Defendants is too unreasonable.

2. Determination

A. The Defendant did not have the same criminal history as to the Defendant’s assertion, and the period of participation in the instant crime is favorable to the Defendant.

The crime of this case is not good for the general public to encourage excessive speculative spirit and hinder sound labor practices. The defendant is disadvantageous to the defendant that the defendant works as the manager of the PC room in this case, while performing duties such as employment of employees, fund management, etc.

In addition, in full view of the various circumstances shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relation, motive, background, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is appropriate and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

B. As to Defendant C’s assertion, the degree of involvement in the instant crime is not high for the Defendant to be an employee of the customer’s mind, the period of participation in the instant crime is not long, and the primary offender is favorable for the first offender, but the instant crime is not good for the general public to have undermined sound labor awareness by encouraging excessive speculative spirit, and other circumstances revealed in the instant records and arguments, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, circumstance, means, and consequence of the instant crime, etc., the sentence imposed by the lower court is appropriate, and the sentencing judgment by the lower court exceeded the reasonable limit of discretion.

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