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(영문) 부산지방법원 2013.12.12 2013노3219
게임산업진흥에관한법률위반
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. In light of the fact that the act of running a speculative game, as in the instant case, is highly likely to cause social harm, such as promoting a speculative spirit of the general public and undermining sound labor awareness, and the continuous crackdown and punishment by an investigative agency is continued and spread in various ways, despite the fact that the Defendant is the owner of the instant game site and does not disclose the substance of the case, it is inevitable to pronounce a severe sentence on the Defendant. However, in light of the fact that the Defendant has led to a criminal act in the first instance, the Defendant has no power connected to the previous illegal game room, and that the Defendant has a considerable economic difficulty and mental suffering due to the detention of the most accused, the lower court’s sentence on the Defendant seems to be too unreasonable.

3. In conclusion, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the facts and evidence recognized by this court (part against the defendant) is the same as the corresponding column of the judgment of the court in addition to changing "each of the defendants' respective legal statements" in the summary of the evidence of the court below to "the defendant's own legal statements" and "each of the co-defendants in the court below's own legal statements of the court below". Thus, they are cited as it is in accordance with Article 3

Application of Statutes

1. Article 44 (1) 1 and Article 28 subparagraph 2 of the Act on the Selection of Punishment and Promotion of Game Industry, Article 30 of the Criminal Act concerning criminal facts;

1. Suspension of execution under Article 62(1) of the Criminal Act (the above Article 62(2) shall be considered in light of the favorable circumstances.

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