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(영문) 울산지방법원 2016.12.16 2016노1699
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (such as 8 months of imprisonment, 2 years of suspended sentence, 3 million won of fine, 2 million won of fine, 3 million won of fine, 2 million won of fine, and 1 million won of fine) is too unreasonable.

2. The fact that the Defendants both recognize and oppose the mistake of all the Defendants, the period during which Defendant A operated an illegal game room is not long to approximately three months, Defendant B is about three months, Defendant C is an employee of the above game room for about one month, Defendant C is about one month, and Defendant D is not in charge of a customer's name and cleaning for two days, and it is merely an employee of the above game room for two days, and the degree of participation is not excessive, and there is no or almost little profit from the crime of this case, Defendant B is an initial crime without any criminal power, and Defendant A, C, and D has no same kind of force.

However, as above, the court below seems to have determined a punishment by taking into account the favorable circumstances for the Defendants; Defendant A installed a game machine up to 70 vehicles in total to exchange the results thereof; and the size of the crime is considerable; Defendant B’s direct performance of money exchange work; Defendant C introduced Defendant B, one’s dependent, to Defendant A, thereby inducing him to commit the instant crime; Defendant C directly participated in the instant crime; Defendant C also took part in the instant crime; and the instant crime brought about serious social harm, such as encouraging the general public to commit an excessive speculative spirit and impairing sound work awareness, thereby causing failure in the economy and family life of the general public; thus, Defendant A’s age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., which are disadvantageous to the Defendants, such as the crime, need to be punished.

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