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(영문) 울산지방법원 2015.09.25 2015노334
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended sentence for eight months of imprisonment, two years of probation, one hundred and sixty hours of social service, confiscation) is too unreasonable;

2. In full view of the favorable circumstances such as the fact that the Defendant recognized all of the instant crimes, and against the Defendant, etc., the crime related to the illegal game room is highly harmful to society by encouraging citizens to commit an excessive speculative spirit and undermining sound labor, etc., and the Defendant has been punished by imprisonment with prison labor for a term of six months due to a crime similar to the instant case, as a crime of violating the Sound Records, Video Products, and Game Software Act (violation of Rating).

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and various factors of sentencing indicated in the record, such as circumstances after the crime, etc., the sentence of the lower court is too unreasonable. Therefore, the Defendant’s above 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 it is without merit. It is so decided as per Disposition.

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