(영문) 대전지방법원 2015.07.03 2015노981 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 대전지방법원 2015.07.03 2015노981

게임산업진흥에관한법률위반

Text

The judgment below

The part concerning Defendant A and B shall be reversed.

Defendant

A and B shall be punished by imprisonment for ten months.

provided, however, that;

Reasons

1. The sentencing of the lower court (ten months of imprisonment for each of the defendants) is too large and unfair.

2. Determination on the grounds for appeal

A. As to the Defendant A and B’s assertion, the Defendants committed the instant crime during the period of the suspension of execution due to the same kind of crime, but the Defendants were not subject to the sentence, led to confession and reflect on the crime, the degree of participation in the crime is not heavy, and the Defendants’ age, family relationship, living environment, motive, circumstance and consequence of the crime, and all of the sentencing conditions indicated in the instant case, including the circumstances after the crime, are considered as inappropriate.

B. As to Defendant C’s assertion, there are extenuating circumstances, such as that the Defendant did not have been sentenced to imprisonment with labor and sentence, and that the Defendant led to confession and reflects the instant crime. (2) Meanwhile, the instant crime is not likely to be a crime that the Defendant, a real business owner, operated an illegal game site on the ground of his branch office, and that the use of illegal game products is highly harmful to society as a crime that encourages an excessive spirit of gambling and undermines sound labor awareness, and thus, it is necessary to strictly eradicate it. In light of the fact that the size of the instant game site is small and its business period is not short, the Defendant may not be held liable for it.

3. In light of the Defendant’s age, family relation, living environment, motive, circumstance and consequence of the crime, and all of the sentencing conditions indicated in the instant pleadings, including the circumstances after the crime, the sentence of the lower court against the Defendant is appropriate and unreasonable.

3. The part of the judgment below against Defendant A and B is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is rendered as follows. Since the appeal against Defendant C is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act.

Criminal facts.

참조조문

-형사소송법 제364조 제4항

-형사소송법 제364조 제6항

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