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(영문) 대전지방법원 2014.01.08 2013노2349

사행행위등규제및처벌특례법위반

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The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, including the fact that the defendant is against whom the summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and confiscation), the punishment sentenced by the court below is too unreasonable.

2. It is recognized that the judgment is against the defendant, and that the defendant operates the game of this case on a small scale.

However, the crime of this case was committed by the defendant from March 15, 2013 to June 12, 2013 by installing 12 game machines and 10% commission for customers, which are e-mail electronic gaming machines, and by exchanging them in cash after deducting 10% commission according to accumulated points. The illegal game room business carries out the speculative act in cash. The illegal game room business is highly harmful to society by impairing the people's sound work awareness and causing property to be hot, and there is a need to strictly punish the defendant as it does not eradicate the continuous control despite the continuous control. The game room of this case seems to have carried on the existing laund signboard as it is, and it seems that the defendant tried to actively avoid detection by carrying on the business closely in the inside room of laundry, and the defendant was punished by imprisonment for the same kind of crime on July 10, 2008, and there is no reason to believe that the defendant's act of this case was committed in excess of the age of the defendant.

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