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(영문) 대구지방법원 2015.04.03 2014노1789
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two years of suspended execution for one year of imprisonment, and eight hours of community service) is too unreasonable.

2. The judgment of the court below is a favorable condition such as the confession of the crime of this case and the fact that the period of the defendant's participation in the crime of this case is relatively long, and the defendant has no criminal records for the same kind of crime. However, the crime related to the game room business in which the defendant exchanged an item card acquired by the game is inevitable for severe punishment in light of the seriousness of the social harm and harm, such as encouraging the general public's spirit of gambling and undermining his will to work, etc., and the role of the defendant is not easy, equity with the accomplice, and others, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, etc., the punishment imposed by the court below cannot be deemed unfair, considering all sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime. Thus, the defendant's assertion is without merit.

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

[However, ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 25(1) of the Rules on Criminal Procedure, the amendment of the second page of the judgment of the court below to the "influence for repurchase of light goods" shall be made.

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