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(영문) 전주지방법원 2014.12.05 2014노1110
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two years of suspended sentence in six months of imprisonment) against the Defendant in the summary of the grounds for appeal is deemed to be too unfasible and unfair.

2. In light of the fact that the Defendant, prior to the instant crime, provided illegally altered game products in operation of the game site at the same place as the instant game site prior to the instant crime, and the Defendant committed the instant crime even though he/she was under investigation by the police, etc., it is necessary to strictly punish the Defendant.

However, in full view of various circumstances, including the Defendant’s age, character and behavior, environment, family relationship, and circumstances after the crime, the Defendant’s punishment of this case is too uneasible and unfair, and thus, the Defendant’s act of working as an employee of the game room. The degree of participation is not excessive, and the Defendant’s act of working as an employee of the game room, the equity in the case of being punished together with the crime of violation of the Game Industry Promotion Act, the Defendant’s health status is not good, and the Defendant’s age, character and behavior, environment, family relationship, etc., are considered as conditions for sentencing in this case. Thus, the prosecutor’

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

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