(영문) 인천지방법원 2014.04.25 2013노3496 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2014.04.25 2013노3496

게임산업진흥에관한법률위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. The punishment of the original court (one year of imprisonment) shall be too unreasonable;

(3) The Defendant’s judgment on July 15, 201 on July 15, 201 is justifiable in light of the following: (a) the Defendant had been sentenced to imprisonment on July 15, 201 to a violation of the Game Industry Promotion Act on July 15, 201; and (b) the Defendant had been sentenced to punishment for the same kind of crime; (c) the Defendant repeated the business of the instant illegal game room; (d) the size of the instant illegal game room, the degree of the Defendant’s participation, the circumstances after the crime, and the serious social harm caused by the illegal game room.

However, in light of the fact that the defendant all of the crimes of this case is led to the confession, the period of operation of the game room is not long, in particular, the fact that the defendant and his accomplice were committed in the investigative agency because he attempted not to commit any criminal act against his mistake and again, and actively stated the fact that he committed the crime. In particular, by providing a written investigation group related to murder remaining as yet for 10 years, three suspects involved in the crime of this case who participated in the crime were detained as robbery. In addition, considering all the sentencing conditions indicated in the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the punishment of the court below against the defendant is too unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

참조조문

-형사소송법 제346조 제6항

-형사소송법 제369조

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