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(영문) 대구지방법원 2015.05.01 2015노874
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (the imprisonment of one year, additional collection of 90 million won and provisional payment order, the imprisonment of eight months, confiscation, additional collection of 10 million won and provisional payment order) declared by the court below against the Defendants is too unreasonable.

2. The judgment follows: the crime of this case is likely to cause significant social harm, such as encouraging the speculative spirit of the people and hindering sound labor awareness; the size and profit of the game of this case seems to be significant; the defendant A led the crime of this case as a business owner; the defendant B operated the G Gameland with the defendant A, despite the fact that it was discovered while running the G Gameland, it is disadvantageous to the defendants; on the other hand, the defendants recognize the crime of this case and reflects their wrongness in depth; the defendants are all aware of the crime of this case; there is no history of crime of the same kind; the operation period is not long; there is family members to support all the defendants; the defendants are detained life for more than five months; the defendants are detained for more than five months due to the crime of this case; the defendants' age, character and behavior, environment, etc., and all other records and arguments are considered to be inappropriate. Thus, the defendants' assertion by the court below is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except where the "O" in Section 7 of the judgment of the court of the court below as "I", and the "J, K, and B in successive collusion with "I, J, and K" in Section 14 of the same Article are as stated in each corresponding column of the court below. Thus, all of them are in accordance with Article 369 of the Criminal Procedure Act.

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