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(영문) 서울동부지방법원 2013.08.23 2013노657
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor, three years of probation, two years of probation, and one hundred and sixty hours of community service order) is too unfluent.

2. The judgment of the defendant has already been sentenced to criminal punishment for two years of probation in March 27, 2009 for the crime of running the illegal game room business. The defendant committed the same kind of crime again for one year and six months after the period of probation expires, and the number of the game machine installed in the game room of this case does not reach 38 units. The crime of the illegal game room of this case, such as this case, is a crime that disturbs the sound moral sense about the economy and promotes speculation socially, and thus there is a need to strictly punish the defendant. However, there is no disadvantage to the defendant. However, the period of his mistake is less than one month. The period of the game room business of this case does not seem to have many profits earned from the defendant. Considering that the defendant's illegal money exchange outside of the game room business, it is too favorable for the defendant to commit the crime of this case, the circumstances that the defendant committed the crime of this case, such as the defendant's circumstances before, after, and after the execution of the business of the game room business, and circumstances that are too favorable to the defendant.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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