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(영문) 대구지방법원 2016.08.17 2016노1948
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (10 months of imprisonment, confiscation) is too unreasonable.

2. It is recognized that the defendant's mistake is divided, and there is no record of punishment for the same kind of crime.

However, the Defendant has been sentenced to a fine and a suspended sentence, and the act of running illegal gambling games as in the instant case is serious social harm, such as encouraging a speculative spirit among the general public, thereby undermining the awareness of sound labor. Considering the size of the game site of this case, the period and profit therefrom, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 364(2)1 of the Criminal Procedure Act on the grounds that the Defendant’s appeal is dismissed. However, among the judgment of the court below, the “natural and intangible” of Article 364(2)1 of the Act on the Promotion of Game Industry is a clerical error in the “Article 48(1)1 of the Criminal Act” of the “Article 44(2) of the Act on the Promotion of Game Industry,” and the “Article 48(1)1 of the Criminal Procedure Act” of the “Article 25(1) of the Rules on the Promotion of Criminal Procedure”

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