(영문) 부산지방법원 2016.12.01 2016노3745 | 리걸엔진

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(영문) 부산지방법원 2016.12.01 2016노3745

게임산업진흥에관한법률위반

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (one hundred months of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The defendant and the prosecutor's arguments are examined together.

In light of the criminal act of this case in collusion with a business owner in the name of the defendant, etc. who has set up a corrective device at the entrance of the same month and controls the persons who have access to the game room, and the criminal act committed systematically and systematically by installing 40 game machine and exchanging the game room in cash according to the scores acquired by customers, etc., the crime is highly likely to be committed. The criminal act related to the illegal game room requires to be punished for a very serious social harmful crime, such as encouraging citizens' excessive gambling spirit and hindering sound labor awareness by hindering sound labor. The defendant served as the so-called "fab president" in which he would be punished on behalf of a person who has not been killed in the name of the game of this case. The defendant did not disclose that person who has been killed in the name of the game of this case. The defendant has been punished once after suspension of execution, and had been punished three times as a fine.

However, taking into account the following circumstances: (a) the Defendant is led to the instant crime; (b) the Defendant has no record of the same crime; and (c) the Defendant committed the instant crime in eight years after being punished for other crimes; and (d) the Defendant’s age, character, conduct, environment, family relationship, means and consequence of the instant crime; and (b) other various circumstances, which are conditions for sentencing specified in the instant records and arguments, such as the circumstances after the commission of the crime, are too heavy or uncomparably unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since all of the appeal filed by the defendant

참조조문

-형사소송법 제364조 제4항

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