logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.10.10 2013노2502
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Nos. 1 through 4 of seized evidence shall be charged to the defendant.

Reasons

1. The summary of the reasons for appeal is that the punishment of the lower court (one hundred months of imprisonment and confiscation) is too unreasonable.

2. The act of exchanging free gifts, etc. obtained in the criminal act of this case, such as the crime of this case, requires a strict punishment of social harm, such as promoting a gambling spirit of the general public and undermining the will to work, etc. The defendant committed the crime of this case during the period of repeated crime, and the defendant stated that he did not know the name and contact address of “F” who mediated the exchange of this case during the investigation process to the trial, and made a statement that he did not know about the name and contact address of “F”, which brokered the exchange of this case during the investigation process, and therefore, it is inevitable to punish the defendant, in full view of the crime quality and personality and behavior,

However, the defendant did not have the ability to be punished for the same crime, and shows an attitude of self-esteem and reflecting against the defendant during the period of detention for about five months, and it appears that economic difficulties such as the defendant's mother's child support, which is being brought up by the divorced couple while supporting the parents of the aged aged who are not healthy, etc., leading to the crime of this case. In particular, considering the fact that the mother of the defendant's mother is currently dead cancer, even though the defendant's mother is in the current closed cancer, he was visiting the defendant every day on the date of the trial, and appeals the defendant's wife as snow, and other conditions of sentencing as shown in the records, the court below's punishment seems to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column 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. Criminal facts;

arrow