(영문) 수원지방법원 2016.12.15 2016노6871 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2016.12.15 2016노6871

게임산업진흥에관한법률위반

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

evidence of seizure.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (two years of imprisonment, confiscation, collection, Defendant B: imprisonment with prison labor for one and half years, three years of suspended execution, three years of community service order, 120 hours, confiscation, collection) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion, not only several times the history of punishment for the same kind of crime, but also repeatedly commits the instant crime during the period of repeated crime due to the same crime. The instant crime is unfavorable to the above Defendant, such as: (a) the Defendants provided the altered game products to customers in a way different from the contents of the rating; and (b) the nature of the crime is not good; (c) the fact that Defendant A provided the game products acquired by customers to exchange the game results; and (d) when the instant crime is controlled, Defendant A transferred the game results to the president in the name of the president in order to avoid criminal punishment.

However, in light of the fact that the above defendant seems to have recognized the crime of this case and against the mistake, the game products for illegal alteration provided for the crime of this case are not prepared by the above defendant, and it seems that the period of the crime of this case is relatively relatively long, and the circumstances of the crime of this case, the circumstances of the crime of this case, the size of the game of this case, the degree of profits acquired by the operation of the game of this case, and all the conditions of punishment shown in the arguments of this case such as the above defendant's age, character and behavior, environment and family relation, it is deemed

Therefore, the above defendant's above assertion is justified.

B. As to the Defendant B’s assertion, it appears that Defendant B recognized the instant crime and against the mistake, and the fact that the period of the instant crime appears to be relatively short, etc. is favorable to the said Defendant.

However, the defendant has been punished for the same kind of crime in the past.

유사 판례

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