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(영문) 의정부지방법원 2016.12.15 2016노2642
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (a punishment of one year of imprisonment, confiscation, 69 million won) is too unreasonable.

2. The act of inducing judgment customers to perform speculative acts using game products requires strict punishment for committing a crime that encourages excessive speculative spirit and undermines sound labor.

The size of the game room operated by the defendant is large and the period of crime is not shorter.

However, although the defendant was acting as an operator of a game room, the degree of leading the crime is not very strong.

The defendant has no criminal record of the same kind, and only one time a fine is imposed.

It seems that the defendant's health status is not good and that he seems to seriously reflect his wrong.

In light of the above circumstances and the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the scope of the recommended sentence according to the guidelines for sentencing set by the Supreme Court's Sentencing Committee (referring to August through January 6) / [the scope of the recommended sentence] the basic area (referring to the speculative business, etc. using game products) and the basic area (referring to August through January 6), such as the provision of the use of illegal game products], it is determined that the sentence imposed by the court below against the defendant is inappropriate because it is somewhat inappropriate (However, the argument that the amount of the penalty imposed by the court below is excessive is just, compared with the records of the judgment of the court below on the calculation of the amount of the additional collection imposed by the defendant, and it cannot be accepted). Accordingly, the defendant's argument is justified.

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.

【Reason for the Judgment of the Supreme Court】 Criminal facts and evidence.

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