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(영문) 부산지방법원 2015.04.16 2015노140
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and confiscation) is too unreasonable in light of the various sentencing conditions in the instant case.

2. The fact that the Defendant recognized all of the instant crimes against the grounds for appeal is favorable to the Defendant.

However, the crime related to the provision for the use and provision of illegal game products and the operation of the illegal game room is highly likely to cause severe social harm, such as promoting a speculative spirit of the general public and causing failure in home economy, and thus, the defendant committed the crime of this case during the period of suspension of execution, even though he was sentenced to a suspended sentence of imprisonment twice or more for the same crime, and there is no change of circumstances that may be considered for sentencing from the judgment of the court below to the judgment of the court below, and other various circumstances, such as the motive, circumstance, means and consequence of the crime of this case, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the records and arguments of this case, shall not be

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

[However, under Article 25 (1) of the Rules on Criminal Procedure, 1. Confiscation of Act No. 44 (2) of the Game Industry Promotion Act and Article 48 (1) of the Criminal Act - Article 48 (1) 1 and 2 of the Criminal Act - [Correction to the extent that Article 48 (1) 1 and 2 of the Criminal Act is applicable]

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