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(영문) 인천지방법원 2012.10.26 2012노2470
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below against the defendant (two months of imprisonment and confiscation) is too unreasonable.

2. The judgment of the defendant led to the confession of the crime of this case, and even though the defendant had no record of criminal punishment before the crime of this case was found to have been committed, the defendant operated the illegal game room at the same place as stated in paragraph (1) of the crime of this case at the time of the original judgment, and operated the illegal game room at the same time, as described in paragraph (2) of the same Article, even though it was controlled while operating the illegal game room, and the quality of the crime is very poor. The size of the game of this case is significant, the game of this case is promoting an excessive speculative spirit among the general public using it, thereby impairing the sound sense of work and impairing the awareness of sound labor, and thus causing serious social harm, and thus, a strict punishment is required. In full view of all the circumstances surrounding the sentencing conditions of this case as shown in the records, such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

(However, the judgment of the court below is clearly stated that the defendant A is a clerical error in the "eight months of imprisonment with prison labor". Thus, it shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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