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(영문) 대전지방법원 2014.02.12 2013노2528

사행행위등규제및처벌특례법위반등

Text

The judgment below

Of the defendants, the part of the defendant is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. The sentence of the court below against the defendant is too unreasonable in light of all the circumstances, such as the fact that the defendant reflects his fault in depth and has no criminal record of the same kind of crime.

2. The crime of this case committed by the Defendant in collusion with A, etc. during the period from April 9, 2012 to April 12, 2012, and operated a speculative act by setting up 75 game machine at sea. From October 15, 2012 to October 17, 2012, the Defendant engaged in a speculative act by setting up 60 game machine at sea and operating a speculative act. The illegal game room business is likely to undermine the people’s sound sense of labor and seriously cause property to be caused, and there is a great need to strictly punish the illegal game room business as it does not eradicate despite continuous control, and the Defendant moved the place where the game room was put into control and carried out a speculative act by any similar means.

However, in full view of all other circumstances, including the Defendant’s age, character and conduct, background of the instant crime, circumstance before and after the instant crime, etc., the sentence imposed by the lower court is too unreasonable, since the sentence imposed by the Defendant is too unreasonable, the Defendant’s above assertion is reasonable, since it is deemed that the sentence imposed by the Defendant is too unreasonable, inasmuch as it is deemed that the sentence imposed by the Defendant is too unreasonable.

3. In conclusion, since the defendant's appeal is well-grounded, the part of the judgment below among the judgment below is reversed and it is decided again as follows after pleading pursuant to Article 364 (6) of the Criminal Procedure Act

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.