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(영문) 대전지방법원 2014.03.26 2013노2486

사행행위등규제및처벌특례법위반등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

A seized game machine.

Reasons

1. In light of the summary of the grounds for appeal (in light of the overall circumstances of this case), the sentence imposed by the court below (in the first instance court: one year, one year, one year, one year, and one year, and one confiscation) is excessively unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the appeal case of the first and second judgment against the defendant was consolidated. Each of the offenses of the first and second judgment against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more in this respect.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 30 (1) 1 (a) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning Criminal Facts, Article 44 (1) 1, and Article 28 subparagraph 2 (a) of the Game Industry Promotion Act, and Article 44 (1) 2 and Article 32 (1) 1 (a) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning Crimes (a provision of game products without classification);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry and Article 48(1) of the Criminal Act, each of the crimes in this case.