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(영문) 의정부지방법원 2017.05.18 2016노3713
게임산업진흥에관한법률위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended sentence, two years of community service, two hundred hours of confiscation) is too unreasonable.

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended sentence, two years of community service, two hundred hours of confiscation) is too uneasy and unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects on the defendant, that the defendant works as an employee of the producing company and lives faithfully without running the game room business, and that the defendant has a family member (child and children) who should support the defendant.

However, the crime caused by the business of gambling game is not good in the light of the harm and danger to society, and there is a great need to punish the crime.

On February 20, 2014, the Defendant was sentenced to a fine of KRW 4 million for a crime that provided a game machine that violated the rating classification in the Jung-gu District Court Goyang branch. From November 201, 2013 to February 2, 2014, the Defendant continued the game room business on the ground that D was the president even during the trial.

In addition, even after D's control, when the game room was remined while the game room was in operation of the game room, the defendant escaped until he/she reaches his/her self-denunciation on January 2016.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too weak or unreasonable.

Therefore, each of the defendant and the prosecutor's argument of sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, and the judgment of the court below among the facts constituting the crime of the court below is rendered ex officio in accordance with Article 25(1)

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