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(영문) 인천지방법원 2013.04.11 2012노3604
게임산업진흥에관한법률위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal: (a) Defendant A and B had a record of being punished for committing the same kind of crime or having a record of being punished for the investigation; (b) the gambling room using the Internet gambling site and the impact of exchange of game result on the society, etc., the sentence of the lower court against the Defendants (Defendant A and B: 6 months of imprisonment, 2 years of suspended execution, 4 months of imprisonment and 2 years of suspended execution) is too unreasonable.

2. The judgment of the Defendants, while operating the PC room, caused customers to gamble by accessing the Internet game site and exchange the outcome thereof, thereby causing considerable harm to the promotion of the game industry and the establishment of a healthy game culture of the people. Defendant A was tried for the same kind of crime. Defendant B was investigated as to whether the same kind of crime was committed, but Defendant B was investigated as to whether the same crime was committed in the same kind of crime, but did not commit the crime again without being convicted of evidence, even though there was a record of being sentenced to a disposition not to have been taken due to lack of evidence.

However, in full view of the facts as to the confessions of the Defendants, the crime of this case with the concurrent crimes under the latter part of Article 37 of the Criminal Act in relation to Defendant A, which has become final and conclusive, and the equity with the case to be tried together with the crime of this case, and the crime of this case is punished by Defendant A as an employee of the PC, Defendant B is not subject to criminal punishment, Defendant C does not have the same criminal power, and other various sentencing conditions in the records and arguments, the sentence of the lower court against the Defendants is too unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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