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(영문) 울산지방법원 2018.09.07 2018노548
게임산업진흥에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that each sentence (Defendant A: imprisonment of one year, two years of suspended execution, confiscation, additional collection of 3,400,00 won, Defendant B’s imprisonment of one year, two years of suspended execution, additional collection of 3,400,000 won, protection observation, community service order 120 hours, Defendant C: Imprisonment of six months and one year of suspended execution) imposed on the Defendants is too unreasonable.

2. The defendants showed the attitude of reflecting their mistakes by recognizing the defendants to commit the crime, the defendant A is a first offender, the defendant C has no record of punishment for the same kind of crime, the defendant C is an employee, and the degree of participation in the crime of this case is relatively minor, etc. However, the crime of this case is committed in collusion with the defendants to exchange the outcome acquired through the use of the game product. The crime of this case is committed in large social harm, such as promoting the gambling spirit of the people and impairing the sound labor awareness, and the crime of this case is committed in relation to the degree of participation by the defendants A and B as the unemployment share in the game site of this case, and the size of business is not small, such as setting up about 60 game machines in the game site of this case, and the defendant B has a record of punishment for the same kind of crime before the game of this case, which is disadvantageous to the defendants.

In full view of the above favorable circumstances and unfavorable circumstances, as well as various other circumstances, such as the Defendants’ age, sex, environment, family relationship, motive and background of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances to the Defendants, the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable, and thus, 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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