(영문) 부산지방법원 2015.12.24 2015노3474 | 리걸엔진

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(영문) 부산지방법원 2015.12.24 2015노3474

게임산업진흥에관한법률위반

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1. The part of the judgment of the court below regarding Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

Defendant .

Reasons

1. The summary of the grounds for appeal argues that the court below sentenced Defendant A to the following two years of the suspended sentence of eight months, the community service order of 120 hours, the additional collection of 4 million won, and the imprisonment of Defendant B to the extent of 10 months, the additional collection of 120 million won, respectively. The prosecutor asserts that the sentence of the court below against the Defendants is too uneasible and unfair, and that Defendant B’s punishment is too unreasonable.

2. Determination on the grounds of appeal by the prosecutor against Defendant A on the ground that the operation of the instant illegal game room is highly harmful to the general public, such as promoting a speculative spirit and undermining the will to work for the general public. The game room of the instant “E Gameland” is installed in the 90 game machine, and its size is small and its operation period is not short and its operation period is not short. Defendant A again commits the instant crime even though he had the record of having been sentenced to punishment of imprisonment for a period of two years under the suspension of the execution of June in 2010, and a fine of five million won in fine around 2012, etc., which is disadvantageous to Defendant A.

However, in light of the following: (a) Defendant A recognized the instant crime and reflects the depth of the instant crime; (b) Defendant A is not an operator of the said game room; and (c) the profits acquired from the instant crime are relatively large; (b) Defendant A collected criminal proceeds from the instant crime; and (c) Defendant A collected various circumstances, such as the age, character and conduct, family environment, motive, background, and degree of participation in the instant crime; and (d) the application of the sentencing guidelines of the Sentencing Commission and the result of the application of the Sentencing guidelines by the Sentencing Commission, etc., the sentence imposed by the lower court cannot be deemed to be too weak.

Therefore, the prosecutor's above assertion is without merit.

3. We also examine the Prosecutor’s grounds of appeal on Defendant B and Defendant B’s grounds of appeal on unreasonable sentencing.

In this case.

유사 판례

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