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(영문) 인천지방법원 2013.08.13 2013노379
게임산업진흥에관한법률위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (one year of imprisonment, two years of suspended sentence, two years of probation, and 240 hours of community service) is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. The crime of this case is a normal situation that is unfavorable to the defendant, such as the fact that the defendant operates an illegal game room and exchanged premiums by sharing his roles with other accomplices, and that the nature of the crime is not weak, and that the community service order issued by the court below is not likely to have increased to the extent that it prevents the rehabilitation of the defendant, and that the defendant is both aware of the crime of this case and reflects the fact that the defendant has committed the crime of this case, and that the defendant has no same criminal record,

In addition, considering the Defendant’s age, character and conduct, circumstances leading to the instant crime, and the results thereof, various sentencing conditions as shown in the instant records and arguments, such as the circumstances before and after the instant crime, it is not deemed that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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