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(영문) 부산지방법원 2016.01.28 2015노3894
게임산업진흥에관한법률위반
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. As to the sentencing of the Defendants (Defendant A: one year of imprisonment and two years of suspended execution, 160 hours of community service order, confiscation and additional collection, Defendant D: imprisonment with prison labor for six months and two years of suspended execution, community service order80 hours, confiscation, and Defendant F: imprisonment with prison labor for 80 hours, and eight months), the Defendants argue that their respective punishments are too unreasonable, and that the prosecutor’s punishment against the Defendants is too unreasonable.

2. As to the reasons for appeal by the Defendants and the Prosecutor, the Defendants were fully aware of the instant crime and against their mistakes. Defendant A and D had no record of punishment before, and thereafter did not participate in the illegal game room, etc.

In light of the circumstances favorable to the Defendants, such as the fact that the operation of the illegal game room is likely to cause the failure of the personal home economy by neglecting the principle of sugar, causing the gambling and game addiction, causing the failure of the personal home economy, and making the funds for other crimes, etc., the possibility of social criticism against the Defendants is not small, the size of the business of the game room in which the Defendants participated in the operation is relatively large, and the Defendant A led to the crime as the main business of the game room in this case.

While stating, it is suspected that there is no other accomplice, such as failing to make a statement about the circumstances in which the investigative agency employs money exchange, and Defendant F commits the instant crime even if he had previously been punished for the same kind of crime, which is disadvantageous to the Defendants, such as the motive and circumstances leading up to the instant crime, circumstances after the instant crime, profits gained by the Defendants from the instant crime, the age of the Defendants, sexual conduct, environment, etc.

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