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(영문) 대구지방법원 2016.09.23 2016노2689
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Nos. 1 through 10 of seized evidence.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case requires a strict punishment for the following reasons: (a) the Defendant committed the crime of this case by promoting a speculative spirit of the people and impairing the awareness of sound labor; (b) the Defendant committed the crime in a planned and organized manner by dividing the roles with those of other accomplices in the game of this case into the business owner of the game of this case; and (c) the number of game machines established in the game of this case is not more than 40; and (d) the period of the crime is not shorter than the period of the crime, etc.,

However, the defendant recognized the crime of this case, is in profoundly against the defendant, has no record of being punished for the same kind of crime, and there is no record of criminal punishment exceeding the fine after 2006 for the crime of this kind of crime.

In addition, the defendant needs to support a woman suffering from dementia.

In addition, the defendant has to be confiscated or collected a significant portion of criminal proceeds, and the money acquired as a result of the crime in this case seems to have not been much much.

In addition, in full view of the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, the punishment sentenced by the court below is too unreasonable.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the Defendant’s appeal is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 45 of the relevant Act on criminal facts, Article 45 Subparag. 4 and Article 32(1)2 of the Act on the Promotion of Alternative Game Industry, and Article 30 of the Criminal Act (the same shall apply to game products, the rating of which is different from those of the game products that have been classified);

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