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(영문) 광주지방법원 2015.05.19 2014노1963
게임산업진흥에관한법률위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, one year of imprisonment, three years of probation, probation, community service, 240 hours, confiscation, additional collection, 41 million won, Defendant C: imprisonment for eight months of probation, two years of probation, two years of probation, probation, community service, 240 hours of probation, and 3 million won of additional collection) is too unfeasible and unreasonable;

2. The money exchange business in the game room, such as the crime of this case, is likely to cause serious social harm and harm, such as promoting a speculative spirit of the general public and undermining the will to work, and the fact that Defendant C has been punished twice for the same crime is disadvantageous to the Defendants.

However, in full view of the following facts: (a) the Defendants led to the instant crime; (b) there is no record of the same crime against Defendant A; (c) there is no record of criminal punishment heavier than a suspended sentence; and (d) the motive and background of the instant crime; (b) the Defendant’s age, character and conduct, environment, and all of the sentencing conditions indicated in the records of the instant case, the lower court’s punishment against the Defendants cannot be deemed to be unfair

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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