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(영문) 울산지방법원 2018.02.01 2017노1507
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison term of eight months and additional collection) is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

There is no record that the defendant was punished for the same crime.

The defendant is suffering from depression, etc.

Unfavorable circumstances: Social harm of money exchange crime, such as the crime of this case, is not small.

The Defendant is a joint proprietor of the game of this case.

On October 22, 2015, the Defendant committed the instant crime without being aware of the fact that the Defendant was sentenced to six months of imprisonment on October 30, 2015 due to a violation of the Vocational Stability Act, and was sentenced to two years of probation, etc. on October 30, 2015.

In light of the above favorable circumstances, the Defendant’s age, character and conduct environment including unfavorable circumstances, motive and means of committing the crime, the circumstances after committing the crime, etc., various sentencing conditions as shown in the arguments and records of this case, and the scope of recommended punishment according to the sentencing guidelines (the scope of recommended punishment from June to one year and six months / [the scope of recommended punishment] and the basic area (no person subject to special sentencing) of the basic area (from June to one year and six months / one year) (no person subject to special sentencing) of the illegal game water use, etc., the sentence imposed by the lower court is excessive and unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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