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(영문) 인천지방법원 2013.08.09 2013노1449
게임산업진흥에관한법률위반등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. In light of the summary of the grounds of appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendants (one month of imprisonment and one month of confiscation) is too heavy or unreasonable.

2. The defendants and the prosecutor's arguments together show that each of the crimes of this case was poor, and that the period of operation of each of the game places of this case was not long, and that there was no record of punishment for the same kind of crime; the crime like the violation of the Game Industry Promotion Act is likely to cause harm to the society by encouraging the general public to commit an excessive speculative spirit, and thus it is necessary to strictly punish the defendants because it is not eradicated. In light of the number of the game machine provided in each of the game places of this case, the number of the defendants did not small, and the defendant Gap did not commit each of the crimes of this case, including the operation of the game room or aiding and abetting the operation of the game room, even though there was the record of fine and suspended execution, which were sentenced to the same crime, despite the fact that the defendant Eul did not go against the control over the illegal game place business, and there was no need to punish the defendant Eul strictly, and other unfavorable circumstances such as the defendant Eul's age, home environment, etc., and the defendant's assertion that the defendants's punishment was too strict or appropriate after the defendant's oral circumstances.

3. In conclusion, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants and the public prosecutor are without merit.

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