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(영문) 수원지방법원 2014.09.18 2014노2982
게임산업진흥에관한법률위반
Text

The judgment below

Of the defendants C, the part of the defendant is reversed.

Defendant

C A person shall be punished by imprisonment of one year and six months.

Defendant B of the Prosecutor.

Reasons

Summary of Grounds for Appeal

The public prosecutor (unfair sentencing on Defendant B)’s imprisonment (one year of imprisonment, two years of suspended sentence, 120 hours of probation and community service, confiscation, and additional collection 7.5 million won) against Defendant B is deemed unreasonable.

Defendant

C (In fact-finding and unreasonable sentencing) Defendant B was the principal offender who operated the first and second J Game site and Q Game site as stated in the judgment of the court below, and the Defendant was merely aware of the network and did not take part in the operation of the above game site on a leading basis.

Nevertheless, the court below acknowledged the defendant as the principal offender on the grounds of the statement of the above defendant and the statement in A at the court of original instance, but each of the above statements is reversed by Gap's reversal of a fine for negligence on the ground that the above defendant would pay a fine to A, and thus, no credibility exists.

Therefore, the judgment of the court below is erroneous in the misapprehension of the above facts, which affected the sentencing, and when considering such circumstances and all the conditions of sentencing, the sentence of the court below (two years of imprisonment) is unreasonable.

Judgment

Although the public prosecutor’s decision on the assertion of unfair sentencing (Defendant B) requires a strict punishment of the social harm caused by promoting a speculative spirit of the general public and undermining the will to work, considering the various circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unreasonably and somewhat weak, in view of the following circumstances: (a) the Defendant’s reflects the Defendant; (b) the actual profits were not high; and (c) the Defendant appears to have never been committed; and (d) the Defendant’s age, character and behavior, environment, motive and consequence of

Defendant

According to the following circumstances recognized by the lower court and the evidence duly adopted and examined by the first instance court and the first instance court, the Defendant operated the first and second J game room and Q game room as the same business with the accused B.

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