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(영문) 부산지방법원 2016.12.16 2016노3744
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and two months of imprisonment and confiscation) is too unreasonable.

2. It is recognized that the circumstances such as the Defendant’s recognition of the instant crime and reflects the mistake, the Defendant’s game room operation period is relatively short, and the Defendant’s family members are to support the instant crime.

However, the crime of this case is committed in collusion with the defendant's name in setting up 40 game machine and operating a game room for a month, and the case is not less than that of cash exchange according to the scores obtained by customers in light of the size and method of crime, etc., the defendant has been punished six times or more due to the same crime, and the crime related to the illegal game room requires the punishment of severe social harm, such as that the defendant's age, environment, family relationship, the circumstances leading to the crime of this case, and the circumstances before and after the crime, etc., which are the conditions of sentencing as shown in the records, comprehensively considering the following factors, it cannot be deemed unfair for the court below to have committed the crime of this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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