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(영문) 울산지방법원 2018.04.06 2017노1340
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court against the Defendants (Defendant A: imprisonment of eight months, two years of probation, two years of probation, observation of protection, community service order 100 hours, confiscation, additional collection, Defendant B: imprisonment of six months, one year of probation, one year of probation, one year of protection observation, and 60 hours of community service order) is too unreasonable.

2. A relatively short period of engaging in illegal money exchange business, and there are relatively little criminal proceeds, and the Defendants are not having the same criminal record and are not recognized to commit the instant crime, which are contrary to the fact that they are committed, is favorable to the Defendants.

However, in light of the following circumstances: (a) the crime of committing illegal games for the purpose of promoting the gambling spirit of the people and impairing the sound sense of labor; (b) the necessity of punishment is high; and (c) Defendant A led the crime of this case as the owner of the game of this case; (d) Defendant B was also an operator of the illegal money exchange business of this case; and (e) the degree of participation is not less and less severe; and (e) the size of the game of this case is not smaller than the size of the game of this case, there are circumstances unfavorable to the Defendants, such as equity in punishment among accomplices, the Defendants’ age, sex, sex, environment, motive and circumstance of the crime, means and consequence of the crime, etc.; and (e) the court below’s punishment is too unreasonable and unreasonable.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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