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(영문) 의정부지방법원 2015.04.15 2015노97
게임산업진흥에관한법률위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendants (Defendant A: imprisonment with prison labor for six months, Defendant C: imprisonment with prison labor for four months and one year of suspended execution, confiscation) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination

A. The fact that the defendant's judgment on sentencing against the defendant A recognized the crime of this case and divided his mistake is favorable to the defendant.

On the other hand, the Defendant committed the instant crime even though he/she was sentenced to suspended sentence due to a violation of the Punishment of Violences, etc. Act (collectively weapons, deadly weapons, etc.) on September 12, 2013 and was under suspended sentence due to a violation of the Act on Punishment of Violences, etc. on September 12, 2013, and committed the instant crime. The size of the instant game room is considerably large, and the running period is also short is disadvantageous to the Defendant.

In full view of all the conditions of sentencing, including the above circumstances, such as the background and method of the instant crime, the circumstances before and after the instant crime, and the degree of participation in the crime, the punishment determined by the lower court is within the reasonable scope, and it is difficult to deem that it is unreasonable because it is hot or fluent.

B. The Defendant’s judgment on the assertion of unfair sentencing by Defendant C is based on the following circumstances: (a) the Defendant, as the first offender, recognized his mistake and against himself; (b) the Defendant’s burden of operating funds in the game room, but the degree of actual operation of the game room is smaller than other accomplices; and (c) the Defendant appears to have suffered economic loss due to the operation of

However, in full view of all the conditions of sentencing, including the circumstances and methods of the instant crime, the circumstances before and after the instant crime, the degree of participation in the crime, and the equity with other accomplices, including the fact that the size of the instant game room is considerably large and the business period is not shorter, the punishment determined by the lower court cannot be deemed to be too unreasonable.

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