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(영문) 인천지방법원 2020.04.23 2020노780
게임산업진흥에관한법률위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant appealed on the grounds that the sentence imposed by the lower court (two months of imprisonment and of confiscation) is too unreasonable, and thus, the Prosecutor appealed on the grounds that the sentence of the lower court is too uneasible and unreasonable.

2. The criminal facts that the Defendant operated a game room on March 10, 2019 and operated the money exchange business, which led to the Defendant again committing the instant crime, in spite of the fact that the summary order of KRW 3 million was requested on September 19, 2019, and that the size and quantity of the game room operated by the Defendant is considerable, while the Defendant was disadvantageous to the Defendant, the Defendant showed an attitude to recognize and reflect all criminal acts, and the period for which the Defendant operated the game room is short is favorable.

In full view of the circumstances above, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, health condition, character and conduct, environment, and circumstances that constitute the conditions for sentencing as indicated in the instant case, the Defendant and the prosecutor’s above assertion are not acceptable on the grounds that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, since the appeal of this case by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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