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(영문) 부산지방법원 2013.08.30 2013노2090
게임산업진흥에관한법률위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

, however, from the date this judgment becomes final.

Reasons

1. The sentence of the lower court against the Defendants in summary of the grounds for appeal (eight months in prison) is too unreasonable.

2. The crime of this case is acknowledged that the crime of this case is planned by the method of crime, such as attracting customers, transferring scams, and conducting business by using the computer in general scamscams by paying the fee per hour to the owners of scamscams, providing the Japanese game that did not receive a rating by using the computer installed therein, and exchanging the outcome of the game with an unspecified number of unspecified people, and making profits equivalent to the fee (10%).

However, the defendants do not directly operate the illegal game room, and the size of the crime of this case or the profits therefrom are not significant; the defendant A did not have any record of crime except for the punishment imposed once due to drinking driving; the defendant B had no record of the same crime for the first time; the defendant A did not participate in the crime by the solicitation of the defendant B; the defendant's participation in the crime of this case-friendly defendant B; the defendants are recognized as all of the crimes of this case; the defendants are against the defendant's age, environment, family relation, occupation, etc.; and all other circumstances constituting the conditions of sentencing such as the punishment of the court below is heavy.

Therefore, the above assertion by the Defendants is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting an offense shall be respectively;

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