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(영문) 광주지방법원 2020.06.24 2019노1768
게임산업진흥에관한법률위반
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The lower court recognized that the Defendants exchanged the Defendants from March 9, 2018 to May 21, 2018 when operating a game room. However, the Defendants did not exchange the game from March 9, 2018 to April 30, 2018.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: imprisonment with prison labor for 10 months and confiscation, additional collection, Defendant B’s imprisonment for 6 months and 2 years of suspended execution, confiscation, and additional collection) is too unreasonable.

2. In light of the following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, it is insufficient to recognize that the evidence submitted by the prosecutor alone was insufficient to recognize the fact that the Defendants engaged in money exchange while running a game room even from March 9, 2018 to April 30, 2018.

Therefore, this part of the Defendants’ assertion is with merit.

Defendant

A consistently states that, while undergoing police and prosecutor's investigation on March 9, 2018, a game room was opened in the game room on March 9, 2018, but it is not well-known funeral, and that it began to exchange from May 2018.

B. Although there are evidence that Defendant A has been operating a game room from March 2018, including the payment of public charges and rent related to the game room or settlement to the branch, it is merely evidence that Defendant A operated the game room from March 2018, it is difficult to view it as evidence that the Defendants exchanged from the above date to the point of time.

C. Meanwhile, Defendant B stated that he/she was in charge of money exchange since May 10, 2018 when he/she was investigated by the police, and Co-Defendant C was in charge of the police investigation from May 8, 2018.

5. Until May 2, 2018, it is only stated that the Defendants assisted and abetted the commission of the crimes by entering points necessary for money exchange in a series of lists, and there is no statement that he had made money exchange prior to May 2018.

Defendant

B evidence of the defendants, such as the photographic picture taken by the exchange on May 2, 2018, was made from May 2, 2018, but the defendants exchanged from May 2, 2018.

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