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(영문) 울산지방법원 2016.12.22 2016노1821
게임산업진흥에관한법률위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the Defendants (eight months of imprisonment each) is too unreasonable.

2. The fact that the defendants recognized their mistakes and reflects them, the period of the game room business, and the amount of profit acquired by the crime seems to have not been much much, and the fact that the defendants did not have any past record of criminal punishment for the illegal business of the game room is favorable to the defendants.

However, in order to conceal his crime even in the case of the unemployment of the game room, the defendant D actively abetted the defendant A to commit the crime, and when the game room was controlled, the defendant D got the investigation by pretending to be the customer.

Furthermore, even after Defendant A was prosecuted for unemployment, until the investigation agency informed Defendant D that he was "the chief director", Defendant D also prepared a letter of promising Defendant A to pay a fine, and actively concealed the crime, and the circumstances after the crime are very good.

In addition, even though the defendant D had a record of criminal punishment for the suspension of execution due to the past gambling opening crime, it is necessary to impose strict liability on the defendant in that he committed the crime of this case.

Defendant

A, upon receiving a considerable price promise from Defendant D, the so-called “babb president,” which led to the concealment and escape of Defendant D’s crime, which led to considerable confusion in the course of investigation and trial, and due to the nature of the instant crime, the degree of Defendant A’s participation, who served as the “bab president,” cannot be deemed to be negligible. In light of the above, the nature of the instant crime is heavy.

In addition to these circumstances, comprehensively taking account of various sentencing conditions as shown in the records and arguments, including the age, character and conduct, environment, and circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Therefore, it is true.

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