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(영문) 대전지방법원 2014.02.13 2013노2983

사행행위등규제및처벌특례법위반

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The defendant's appeal is dismissed.

Reasons

1. The two-year imprisonment sentenced by the court below to the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is acknowledged that the defendant's act of committing the crime of this case is against the defendant and the defendant did not repeat the crime. However, the crime of this case is deemed to be 100 game machine which the defendant had the sea going to the sea from May 2, 2012 to July 7 of the same month, 45 game machine going to the sea from September 20, 2012 to the 26th of the same month, and 40 game machine going to the sea from November 13, 2012 to exchange free gifts acquired by customers using 40 game machine going to the sea from November 13, 2012 to the 23th of the same month, and it is deemed that the period of the crime of this case is a long-term period of the crime, and the amount of the defendant's responsibility for committing the crime is heavy since the size of the game room is considerable. When the game room operated, the defendant tried to avoid the crime of this case by installing CCTV to operate another place, and continuously operated the new game room.

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

(However) However, since the facts constituting the crime of the lower judgment with regard to subparagraph 2 of Article 2013 Highest 1212 are apparent that the “not later than February 23 of the same year” in Part 3 is a clerical error in the same month, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.