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(영문) 대전지방법원 2013.05.23 2013노147

사행행위등규제및처벌특례법위반

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the defendants (the defendant A: 8 months of imprisonment, 2 years of probation and community service order, 160 hours of probation and community service order, 1.5 million won of fine) is too uneased and unreasonable.

Judgment

In light of the fact that the business of the instant speculative game room is detrimental to the awareness of sound labor and promoting a speculative spirit, it is necessary to punish the Defendants with severe social harm, and that the size of the instant speculative game room is not small. However, it is recognized that the Defendants led to the confession and reflect of each of the instant crimes, the period of business operation of the instant speculative game room is relatively short, the Defendants are both primary offenders, and all of the sentencing conditions, including the Defendants’ respective ages, character and behavior, environment, and circumstances after the commission of the crime, etc., are considered as being considered, and thus, it is difficult to view that the lower court’s punishment against the Defendants is too unreasonable. Therefore, the Prosecutor’s assertion is without merit.

In conclusion, each appeal against the Defendants by the prosecutor is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.