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(영문) 부산지방법원 2013.07.25 2013노1748
게임산업진흥에관한법률위반
Text

The judgment below

Part concerning Defendant A and C shall be reversed, respectively.

Defendant

A or C shall be punished by imprisonment for six months.

(b).

Reasons

1. Summary of grounds for appeal;

A. The reasoning of the appeal by Defendant A and C is that the punishment of the lower court (the imprisonment of six months for each of the above Defendants and the surcharge of 2.5 million won for each of the above Defendants) is too unreasonable.

B. The grounds of appeal by Defendant E (1) requires limited application to the disposition that is likely to infringe upon the people’s property rights, and the computer provided by Defendant E does not constitute “game products” under Article 44(2) of the Game Industry Promotion Act, and is only used as a tool connected to “Japan Game”, and thus, the seized evidence 1 and 2 cannot be confiscated pursuant to the Game Industry Promotion Act, notwithstanding the fact that the above seized articles cannot be confiscated pursuant to the Act on the Promotion of Game Industry, the lower court erred by misapprehending the legal doctrine that affected the conclusion of the judgment.

(2) The lower court’s sentence of unfair sentencing (one year of suspended sentence for four months of imprisonment, one year of suspended sentence) is too unreasonable.

2. Determination

A. The crime of using and providing illegal game products and operating the illegal game room is likely to cause severe social harm, such as encouraging the general public’s gambling spirit, failure in home economy, etc. As to the crime of this case, the crime of providing game products by “one game site” like the crime of this case is a new type of crime that provides game products for use and exchanges to the foreign site by accessing the foreign site through the VPN, and is a new type of crime that is character and personality of cancer in the Busan area, and thus, it is necessary to eradicate it early and cope with it to prevent its spread, etc., which is disadvantageous to the above defendants.

However, the above defendants' participation in the illegal game room business through detention life for a considerable period of time shall be prevented, and recidivism shall not be committed.

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