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(영문) 대전지방법원 2016.05.11 2015노3487
게임산업진흥에관한법률위반등
Text

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants (Defendant A: one year and two months of imprisonment, three years of suspended execution, three years of probation, observation of protection, community service order 160 hours, one year of suspended execution, three years of suspended execution, three years of probation, observation of protection, and community service order 120 hours) is unreasonable.

2. The judgment of Defendant A is in charge of overall management, such as the lease of the game of this case, management of employees from the permission procedure, and attracting of customers, and Defendant B took charge of money exchange and employee management in the Kabs of the game of this case, the game of this case is limited to 50 weeks, the game of this case is limited to 2 weeks, and the operating period is deemed to be considerable. Defendant A has six times of punishment, including 2 times of fine due to the same crime, and Defendant B has ten times of suspended sentence due to the crime of gambling, but the Defendants again led to the crime of this case, which is disadvantageous to the Defendants.

On the other hand, the defendants recognized all the crimes of this case including money exchange at the court below, and revealed that they would cooperate in the investigation, such as the matters concerning the unemployment week in the game room, and the defendants managed the game of this case under the direction of unemployment. The most of the operating income was delivered to the unemployed, and the profits actually acquired by the defendants through the payment of money in the name of salary seems not to be significant. Defendant A did not have a criminal record of suspended execution or more, Defendant B did not receive punishment as a crime related to the game room since 2007, and Defendant B did not have a family relationship, such as spouse and children, etc., in favor of the defendants.

The above circumstances and motive leading up to the instant crime, the circumstances after the commission of the crime, the age, sex, family relationship, environment, occupation, etc. of the Defendants are shown in the records and arguments.

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