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(영문) 대전지방법원 2014.07.24 2014노1297

사행행위등규제및처벌특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized all of the facts charged in this case and against the mistake, and that the defendant was 4 hours since the commencement of the business of the illegal game room in this case, etc., but it is recognized that the defendant again committed the crime in this case without being aware of even though he was repeated due to the same crime, and that the business of the illegal game room is serious social harm, such as causing home blasting, and that there is a need for strict punishment because it is not easily eradicated despite continuous control, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, situation of the crime before and after the crime, etc., the sentencing of the court below is judged to be appropriate, and it is not deemed unfair because it is too too unreasonable.

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