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(영문) 서울중앙지방법원 2014.09.26 2014노2629

관광진흥법위반등

Text

The judgment below

Among the parts on Defendant A and Defendant C, each of them shall be reversed.

Defendant

A shall be punished by imprisonment for eight months, and the defendant.

Reasons

1. Summary of grounds for appeal;

A. Legal principles (Defendant A) cannot be deemed as having been operated by Defendant A with facilities and standards equivalent to casino business places as prescribed by the Tourism Promotion Act.

Therefore, even if the defendant operated the casino business of this case without permission, it does not constitute a violation of the Tourism Promotion Act.

B. Each sentence of unfair sentencing (Defendant A: imprisonment of October, Defendant B’s imprisonment, 6 months a suspended sentence, 2 years a community service, 120 hours a prison term, Defendant C: a fine of 5 million won: the Defendant: a fine of 3 million won; Defendant F: imprisonment of 4 months a suspended sentence, 2 years a suspended sentence, 120 hours a community service, etc.) imposed by the lower court on the Defendants is too unreasonable, and the Defendants are too uneasible to the prosecutors.

2. Determination:

A. As to Defendant A’s assertion of misapprehension of the legal doctrine, the lower court asserted the same purport as the grounds for appeal, and the lower court rejected all of the Defendant’s arguments in full view of the circumstances as indicated in its reasoning, and the record reveals that all circumstances recognized by the lower court are recognized. Therefore, the lower court’s determination that the Defendant, along with other accomplices, engaged in casino business with facilities and

Therefore, the defendant's assertion is not accepted.

B. The instant case on the assertion of unfair sentencing by the Defendants and the prosecutor is not an obvious crime in light of the size of the gambling place in light of the following: (a) the Defendants installed six tables on the first floor of the building leased by the Defendant A for casino gambling and opened a gambling place without permission; and (b) organized and operated an unlawful gambling place on a large scale through functional division with other Defendants through the functional division with the Defendants.

Defendant

A opened a gambling place and run a casino business without permission, and the defendant A was punished for the same crime, and the defendant C committed the crime of this case during the period of probation.

Defendant

F.

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