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(영문) 광주지방법원 2018.05.31 2018노1124
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the court below (Defendant B: imprisonment of one year, confiscation, additional collection, Defendant C: imprisonment of six months, confiscation and additional collection) is too unreasonable.

2. A favorable circumstance is that the Defendants recognized their mistakes and reflects them, and Defendant B did not have any past record of punishment in excess of the same criminal record and the suspension of the execution of imprisonment.

On the other hand, even though Defendant B was under investigation by being subject to control at the stage of preparing for the game room business, the circumstances before and after the crime were committed by Defendant C as the so-called chief of the so-called branch and committing the same crime again, etc. are also bad, and Defendant C has a record of being punished for the same crime and committed again the crime of this case without being aware of it even though it was during the period of suspended execution.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the instant records and arguments, each of the lower court’s punishment is too unreasonable, and thus, the Defendants’ assertion is without merit.

3. The Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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