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(영문) 인천지방법원 2013.04.12 2012노3383
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (a fine of five million won) is too unreasonable.

2. Determination is the circumstances favorable to the Defendant, such as the fact that the Defendant recognized all of the instant crimes and reflects his mistake, and that the Defendant appears not to have good health conditions due to a person with a physical disability.

However, the provision and exchange of illegal game products, such as the instant case, are highly harmful to society by encouraging the general public to commit an excessive speculative spirit, and there is a need for strict punishment because they are not eradicated despite continuous control, and the Defendant has been subject to suspended execution once due to the crime of habitual gambling, four times of a fine due to the crime of habitual gambling, etc., and other various sentencing conditions shown in the records and arguments, such as the Defendant’s age, happy family environment, and circumstances before and after the crime, it is not unreasonable for the lower court’s sentence against the Defendant to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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