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(영문) 대전지방법원 2015.04.02 2015노57
게임산업진흥에관한법률위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months, 2 years of suspended sentence, 1 years of suspended sentence, 2 years of suspended sentence, 2 years of suspended sentence, and 2 years of suspended sentence as indicated in the judgment of the court below) is too unreasonable.

2. Determination

A. It is reasonable to take into account the following circumstances: (a) Defendant A made a confession of all the instant crimes and made a mistake in the course of trial; (b) Defendant A made an agreement with the victim of the injury; (c) Defendant A wishes to take the Defendant’s wife against the Defendant; (d) the Defendant’s health condition appears not to be good; and (e) Defendant A’s judgment and equity should be considered at the same time with the final and conclusive judgment in the original judgment.

However, in light of the seriousness of the social harm and harm of the crime of this case, such as encouraging a speculative spirit of the general public and undermining the will to work, it is inevitable to punish the defendant, even while the defendant is under trial after being sentenced to the same crime, the defendant continued to run the business of the game room of this case even during the period of suspension of execution after being sentenced to the judgment, and the use of the contract for the business was modified to the lease contract, the crime is highly serious in light of the period and place of operation of the game room, size, operating profit, the degree of participation, the degree of role and role, etc., and all other sentencing conditions such as the defendant's age, character and behavior, environment, the circumstances of the crime of this case, and the circumstances before and after the crime, it is not recognized that

B. It is advantageous to Defendant B’s confession of all of the instant crimes and misunderstandings, and there is no record of punishment heavier than a suspended sentence.

However, it is severe punishment in light of the seriousness of the social harm and harm caused by promoting the gambling spirit of the general public and undermining the will to work for the illegal game room business of this case.

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