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(영문) 대구지방법원 2015.04.03 2014노2945

사행행위등규제및처벌특례법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following circumstances: (a) the Defendant committed the instant crime at least three months upon the termination of the same type of probation period; (b) the game site of this case is serious in that the size of the game site of this case is significant; and (c) the Defendant covered the investigation by the Defendant on the ground of the concealment of unemployment and the ground of the branch office of this case.

2. The judgment is based on the following circumstances: (a) the Defendant was committed before the suspension of the execution of the same kind; (b) the Defendant was committed against the Defendant; (c) the Defendant recognized the instant crime as an employee of the instant game site; (d) the Defendant took part in the instant crime as his/her employee; (c) the period of working as his/her employee is relatively short to ten (10) days; and (d) the Defendant did not obtain profits from the instant crime except that he/she received approximately one million won per ten (10) days per day as his/her employee; (d) the Defendant was able to take care of his/her spouse and new family; (e) the Defendant did not have a criminal record; and (e) the Defendant did not live in good faith; and (e) the Defendant did not have a criminal record; and (e) the Defendant’s age, character and conduct, environment, etc. and all other circumstances revealed in the records and arguments, the prosecutor

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.