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(영문) 부산지방법원 2015.04.24 2015노685
게임산업진흥에관한법률위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and eight months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

evidence of seizure.

Reasons

1. The summary of the grounds for appeal is unfair because the punishment (the imprisonment of two years, confiscation, additional collection, the imprisonment of one year, and confiscation) declared by the court below against the defendants is too unreasonable.

2. The crime of this case was committed by exchanging the outcome obtained through game products in the game room, which is disadvantageous to the Defendants, such as the fact that the crime was not light in light of the seriousness of the relevant social harm and harm, such as encouraging a general public’s spirit of gambling and undermining the desire to work, and that the Defendants continued to move the place without being aware of, and continuously opened and operated the unauthorized game room, even though it was discovered several times while running the unauthorized game room business.

However, in full view of the following circumstances: (a) the Defendants recognized the instant crime and reflected the Defendants’ mistake; (b) the Defendants’ criminal proceeds derived from the instant crime were not significant; (c) the Defendants did not have the same criminal record; and (d) the Defendants’ age, environment, occupation, occupation, family relationship; (b) the developments leading to the instant crime; and (c) the circumstances after the instant crime, etc., the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

The summary of the evidence and the criminal facts of the Defendants recognized by this court and the summary of the evidence are all the same as the entries in each corresponding column of the judgment of the court below, and they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Defendant A of the relevant criminal facts: Articles 44(1)2, 32(1)1 and 7 of the Game Industry Promotion Act (the point of providing game products without classification), and Article 30(1) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc.

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