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(영문) 수원지방법원 2012.12.20 2012노2517

사행행위등규제및처벌특례법위반등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering the fact that the above defendant A (unfair punishment) was not well aware of the relevant laws and regulations and the health of the above defendant's wife is not good, the punishment of the court below against the above defendant (two years of suspended sentence in October, and one hundred and sixty hours of community service) is too unreasonable.

B. Considering the fact that the above defendant C (unfair punishment) led to the confession and reflect of the crime of this case, there is little benefit from the actual crime of this case, and that the above defendant is the first offender, the sentence of the court below against the above defendant (two years of suspended execution in October, and one hundred and sixty hours of community service) is too unreasonable.

C. Considering the fact that the above defendant S (unfairly unfair) has little benefits from the crime of this case, the economic situation of the above defendant is not good, and the above defendant must support the above defendant with good health, the punishment of the court below against the above defendant (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

2. As to the Defendants’ assertion of unfair sentencing, there are extenuating circumstances in regard to the Defendants’ assertion of unfair sentencing, including the following: (a) the Defendants are divided into, and against, the Defendants; and (b) Defendant C is the primary offender; and (c) Defendant S has no record of punishment for the same kind of crime and no record of criminal punishment exceeding the fine; (b) however, the illegal game site like this case is serious harmful effects, such as promoting an excessive speculative spirit among the general public using it, undermining the sound sense of labor, and harming game addicts and bad credit holders; and (c) undermining such harmful effects, such as impairing the sound sense of labor; and (d) taking into account the details of the Defendants’ participation in the commission of the crimes, ① the Defendant A received gift certificates from the issuer and supplied them to K, B, and C, and recovered from K, B, and D.