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(영문) 인천지방법원 2013.09.05 2013노1899
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment for the defendant B, two years of probation, one hundred and sixty hours of community service work, eight months of probation, two years of probation and one hundred and twenty hours of community service work) is too unreasonable.

2. The defendants' time to commit the crime of this case and the crime of Defendant B is deemed to be in an ex post concurrent relationship, but the crime of the defendants is deemed to have been committed by the defendants while jointly operating the illegal game site that encourages speculation, and the nature of the crime is not somewhat weak. The defendant D abetted A to prove the above crime in addition to the above crime to interfere with the court's deliberation for the discovery of substantial truth, thereby hindering the realization of the proper judicial function of the State. The social service order imposed on the defendants does not seem to have been significantly aggravated to the extent that they make it difficult for them to live their lives, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendants' age, character and behavior, the background and result leading to the crime of this case, the circumstances before and after the crime, etc., are considered to be too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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