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(영문) 대전지방법원 2016.11.23 2016노1695
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (two years of suspended sentence in October, and two years of suspended sentence) is too unreasonable.

B. Defendant B (1) misunderstanding of facts) Defendant B was not an employee of the instant game room. Nevertheless, the lower court found Defendant B as an employee and found Defendant B guilty. In so doing, the lower court erred by misapprehending of facts. 2) The lower court’s sentence of unfair sentencing (hereinafter “fine 3 million won”) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and examined by the court below as to Defendant B’s assertion of mistake of facts: (i) Defendant A visited the game of this case one time to two to three days by Defendant B, one of which he was aware of in the court below’s usual decision, and stated that Defendant B stayed one to two hours (No. 69-70 of the trial record); (ii) Defendant B was asked by Defendant A to receive delivery in the game of this case on September 30, 2015; (iii) Defendant B was seated in the game of this case with Defendant A’s carter (No. 69,91 of the trial record); and (iv) Defendant B was able to easily inform or help Defendant B of the method of providing game of the game of this case to police officers who visited the game of this case or aided Defendant B’s game of this case (No. 96-7 of the trial record), regardless of whether Defendant B had been aware of the method of providing the game of this case to Defendant B’s game of this case (the game of this case).

Therefore, Defendant .

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