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(영문) 울산지방법원 2015.09.11 2015노857
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred months of imprisonment, additional collection of KRW 7,209,00) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant was the first offender; and (b) the fact that all the instant crimes are recognized and rebuttals, etc.; (c) the crime related to the illegal game room is highly harmful to society by encouraging citizens to commit an excessive speculative spirit and undermining sound labor practice; (d) the Defendant operated an illegal game room at multiple times; (e) the Defendant was running an illegal game room at several places; (b) the Defendant concealed his/her criminal act by using the name, branch office, and the fluor, and using the fluorphone while operating each game room; and (c) exchange and contact with accomplices from time to time in the course of the investigation and trial of the accomplices

In addition, considering the various factors of sentencing indicated in the record, such as the punishment, age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, etc., which became final and conclusive against accomplices, the sentence of the court below is too unreasonable. Therefore, the above assertion by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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