Defendant 1 and two others

Defendant

Labor unions;

Law Firm Sejong, Attorney Lee Chang-tae, Counsel for defendant-appellant

Suwon District Court Decision 2006Gohap284 Decided May 26, 2006

All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Legal principles

The main body of the “sulphy” game machine of this case (No. 1 and No. 2 of the list of seized objects) is legally permitted and cannot be subject to confiscation because it is not directly provided for criminal acts. However, the court below erred by misapprehending the legal principles on the confiscation of the main body of the above game machine, thereby affecting the conclusion of the judgment.

B. Unreasonable sentencing

In light of the fact that the Defendants did not obtain any economic benefits while operating the game of this case and money exchange centers, and the Defendants were placed in the place of losing their properties due to the lower judgment, the sentence of the lower court (one year of imprisonment, one year of suspended execution, two years of suspended execution and confiscation) is too unreasonable.

2. Determination

A. Judgment on the misapprehension of legal principles

According to the evidence duly examined and adopted by the court below, the game of this case, which is the game of this case, was classified as "18 years of age or older" by the Korea Media Rating Board. However, with respect to the game of 18 years of age or older, the limit of the gift amount is limited to 20,000 won according to the standards for handling game software products (Public Notice No. 2004-14 of the Ministry of Culture and Tourism) but the game of this case is limited to 20,000 won or less than 20,000 won. Further, the defendants are allowed to arbitrarily manipulate the game of this case by deducting the gift certificates paid to customers using the game of this case from the gift certificates of this case. In light of the facts of recognition, even if the defendants did not directly manipulate the game of this case, it constitutes the game of this case by having the defendants do so.

Therefore, the game of this case is provided for criminal acts and meets the requirements of confiscation under Article 48(1) of the Criminal Act. Thus, the defendants' above assertion is without merit.

B. Determination on the assertion of unfair sentencing

In light of the fact that the Defendants seems to have been well aware of the illegality of the instant crime, the operation of an adult amusement room and the exchange of merchandise coupons using a game machine with the functions of metaology is an act that encouragess the people's sound labor spirit and promotes speculation, and that there is a significant social harm caused thereby, and that business profits of the Defendants are not much significant, the lower court’s sentence against the Defendants is deemed proper even if considering all circumstances alleged by the Defendants, and therefore, the Defendants’ above assertion is not reasonable.

3. Conclusion

Therefore, since the defendants' appeal is without merit, all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (However, since the first head of the crime of the judgment of the court below is obvious that "in collusion with non-indicted 1 and non-indicted 2" in the part of the first head of the judgment of the court below is a duplicate error, it is clear that it is a clerical error in the application of the law, and each "Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc." in the column of the application of the law is a clerical error in the former Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. (amended by Act

Judges Choi Jong-chul (Presiding Judge)