(영문) 춘천지방법원 강릉지원 2014.09.23 2014노288

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(영문) 춘천지방법원 강릉지원 2014.09.23 2014노288

게임산업진흥에관한법률위반

Text

Defendant

All of the appeals filed by A and the Prosecutor C and D are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair punishment) The sentence of the lower court (two years of suspended execution in August, confiscation and collection, and community service order of 120 hours in 120 hours) is too unreasonable.

B. The prosecutor (unfair punishment) committed by the court below against Defendant C and D (the defendant C is sentenced to 10 months of the suspended sentence, the community service order of 120 hours in October, the defendant D: the suspended sentence of 2 years in one year of imprisonment, the additional collection, and the community service order of 120 hours in 120 hours in 1 year of the suspended sentence of 1) is too unafford

2. Determination

A. The facts that Defendant A led to the confession of the facts of the crime against Defendant A, etc. are contradictory to the above Defendant.

However, in full view of the sentencing conditions of this case, including Defendant A’s age, occupation, motive, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment is too unreasonable, in view of the following: (a) social harm, such as promoting speculation and hindering citizens’ awareness of sound labor; (b) Defendant A’s participation in the game room; and (c) the nature of the crime cannot be deemed to be light in light of the degree of criminal conduct; and (d) Defendant A’s age, occupation, motive, means and consequence of the crime; and (c) etc.

B. In light of the degree of Defendant C and D’s participation in the crime and the size of the game room, etc., the nature of the crime is not less than that of Defendant C and D, and the above Defendants have the record of having been sentenced to the suspension of the execution of imprisonment for the same kind of crime, respectively, and there are unfavorable circumstances for the above Defendants

However, in full view of the following circumstances: (a) the above Defendants were in violation of their depth while making a confession of the crime; (b) the previous crimes and the instant crimes are at intervals; and (c) the aforementioned Defendants’ age, occupation, family members to support, motive, means and consequence of the crime; and (d) the sentencing conditions indicated in the instant case, including the aforementioned Defendants’ age, occupation, and family members to support, motive, means and consequence of the crime; and (c) the lower court’s punishment on Defendant C and D

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