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(영문) 청주지방법원 2016.12.08 2016노649

사행행위등규제및처벌특례법위반등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Circumstances favorable to the defendant are as follows.

The Defendant recognized all of the crimes of this case and reflected in the instant case.

The defendant has no criminal record of the same kind.

The accused shall support the old parents who have not good health conditions.

The defendant is not in a state of health with high blood pressure and urology.

Circumstances unfavorable to the defendant are as follows:

The Defendant, as the owner of the business of an illegal game room, committed the instant crime by employing a large number of employees (the Defendant alleged that he was the business owner of an illegal game room when he was in the trial, but the Defendant stated that he was the actual business owner of the illegal game room; the Defendant stated that he was the actual business owner of the game room; the details of the opening of the game room business, the installation of the game machine, and the method of operating the game room; and even according to the testimony of the witness AG, the Defendant appears to have been operating the game room by accepting the game room from AH even if he followed the testimony of the witness AG, it does not appear that the Defendant was the formal business owner of the game room). The instant crime of this case is operated by the illegal game room by installing and operating game contents different from the contents of the Defendant’s rating, and exchanging the users with the result. Such an act has great social harm

A approximately 40 game apparatuses are installed in the illegal game room, and the size of the illegal game room is not small.

In addition, considering the Defendant’s age, character and conduct, career, environment, background and result of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

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.