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(영문) 대전지방법원 2016.08.10 2016노411

사행행위등규제및처벌특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended execution in October, and two hours of community service order) on the summary of the grounds of appeal is too unreasonable.

2. It is recognized that the period of operation of the game site of this case is not long, the circumstances such as the fact that the defendant returned to Japan and directed to life in Japan, and that the defendant committed the crime of this case, the defendant is committed both, and there is no record of punishment for the same crime.

However, it cannot be deemed that the harm and injury inflicted on society, such as encouraging the gambling spirit of the general public and undermining the desire to work, etc. In particular, in committing the crime of this case, E, C is in charge of the physical use of the game room operation place and the preparation of game instruments, D is in charge of the preparation of operating funds, and D is in charge of the preparation of operating funds, and the defendant has conspired to commit the crime systematically and systematically, such as having been stationed in the game room and having been in charge of the overall operation of the game room, and the nature of the crime is very bad.

In addition, the defendant did the entrance management, customer reception, and money exchange in the game room, and the defendant's act contributed essentially to the realization of the crime, and the degree of participation is very heavy.

In addition, there is a significant amount of profit from the operation of the game of this case, and there are many criminal proceeds distributed by the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

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