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(영문) 창원지방법원 2014.05.01 2013노2375
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below is too large.

2. It is recognized that the Defendant recognized all of the instant crimes and reflected his mistake, and that the Defendant did not have been punished for the same kind of crime.

However, the crime of this case provides game products with contents different from the contents classified by the Game Rating Board, and allowing it to exchange the result obtained from the game products, which is inevitable to severely punish in light of the seriousness of the social harm and harm, such as encouraging a general public's spirit of gambling and undermining the will to work, etc. The defendant lending his name to the actual proprietor in the illegal game of this case, not only the defendant but also the degree of participation in the crime of this case by acting as the operating manager in the illegal game of this case. The number of game machines in the illegal game of this case is not smaller than 35, the size of the game machine of this case is not smaller, equity with criminal punishment for other crimes similar to the crime of this case, the defendant's age, character, conduct, occupation and environment, family relationship, the circumstances and result of each crime of this case, etc., the defendant's argument that the punishment imposed by the court below is too unreasonable. Thus, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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