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(영문) 인천지방법원 2013.12.27 2013노3118
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant is too unreasonable.

2. The conclusion is that the defendant recognized the crime of this case and reflects his mistake, and that the defendant has no record of punishment in excess of the same kind and fine, etc. are favorable to the defendant.

However, the crime of this case is planned, such as supplying the altered game products in collusion with D, soliciting franchise stores to install the game products, and operating an exchange site to exchange points obtained through the use of the above game products, provided game products with contents different from those classified by the Game Rating Board on a systematic basis, and caused customers to perform speculative acts using the game products, and the degree of the defendant's participation in the crime of this case from the stage of the recruitment of franchise stores and the establishment of the game products is not weak. The crime of this case, such as the crime of this case, requires strict punishment as it does not cause serious and continuous harm to society, such as harm to sound labor, by promoting speculative acts, so it is necessary to strictly punish the crime of this case. In full view of various sentencing conditions shown in the records and arguments such as equity of punishment with the same or similar incidents, the defendant's age, family environment, and circumstances before and after the crime, etc., the punishment of the court below against the defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, the judgment of the court below, on the 3rd page 12, is clear that the “X” and the “2012” in the 5th page 4 is a clerical error of the “2010”, and such rectification is ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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