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(영문) 창원지방법원 2016.04.07 2015노3085
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine on the following grounds: (a) the crime that the Defendant operated by the head of an illegal game room in Changwon-si, Changwon-si (hereinafter “one business site”) from August 29, 2015 to September 31, 2015 and the crime that was operated by the head of an illegal game room in E (hereinafter “Second business site”) around September 1, 2015 constituted a single comprehensive crime; (b) contrary to the foregoing, the lower court erred by misapprehending the legal doctrine.

B. The punishment of the lower judgment that was unfair in sentencing (one hundred months of imprisonment, confiscation, and collection KRW 700,00) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. In a case where a defendant’s crime constitutes a single comprehensive crime, several acts or continuous acts falling under the same criminal name are continuously committed for a certain period under the criminal intent of a single and continuous criminal intent, and the benefit and interest of the damage are identical, each of such acts shall be punished by a single comprehensive crime (see Supreme Court Decision 2010Do8272, Jan. 27, 201). According to the evidence duly adopted and investigated by the court below and the trial court, the following circumstances are recognized.

① On August 29, 2015, the Defendant commenced the illegal game room business by leasing the first place of business around August 29, 2015. However, during the continuation of the business, the said place was too weak, and the lessor’s excessive M&D was transferred to the second place of business on September 1, 2015.

(2) The second place of business is located at a place less than 600 meters away from the first place of business, and the defendant used 18 game flags used at the first place of business as they are in the second place of business.

③ The Defendant operated his business in the same manner with regard to money exchange, commission, etc. at a single place of business and a second place of business, and operated a mixed person without any person who helps to conduct his/her business.

In light of the above legal principles, the Defendant continued to commit a crime under a single and continuous criminal intent, and the damaged legal interests also have been promoted by the game industry and a healthy game culture of the people.

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