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(영문) 수원지방법원 2017.09.25 2017노195
게임산업진흥에관한법률위반방조
Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court against Defendant A (the penalty amounting to KRW 10 million) is too unreasonable.

B. Each sentence (as above, Defendant A: Defendant B: fine of KRW 7 million) sentenced by the lower court against the Defendants is too uneasible and unreasonable.

2. Determination

A. In the instant case, the determination on the wrongful argument of sentencing by both parties against Defendant A was rendered by introducing a person who lends the name of the game room, thereby aiding and abetting the crime related to the illegal game room. The nature of the crime is not weak.

In addition, even though the above defendant is under suspension of execution due to the same crime, he did not commit the crime of this case again.

However, on the other hand, the defendant A appears to have an attitude to see and reflect his mistake, and it seems that there is no profit actually acquired due to the crime of this case.

Considering the above circumstances unfavorable or favorable to Defendant A, and the above age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below against Defendant A does not seem to be too heavy or unreasonable because it is within the reasonable scope of sentencing discretion.

Therefore, Defendant A and Prosecutor’s above assertion are without merit.

B. As to the prosecutor’s improper determination on Defendant B’s argument of sentencing, Defendant B aiding and abetting the crime related to the illegal game room by copying the location of the game room, etc., and the nature of the crime is not somewhat weak.

On the other hand, however, Defendant B appears to have an attitude to perceive and reflect his mistake, and it seems that there is no benefit actually acquired due to the crime of this case.

In addition, the defendant has no record of being punished for the same crime.

The above circumstances are favorable or favorable to Defendant B, and other circumstances shown in the above Defendant’s age, sex, environment, and other arguments in this case.

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