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(영문) 대전지방법원 2013.10.23 2013노1706

사행행위등규제및처벌특례법위반등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of all the circumstances, including the fact that the Defendant led to the confession of and against the mistake in the instant crime, the sentence of the lower court against the Defendant (one hundred months of imprisonment, confiscation) is too unreasonable.

B. In light of all circumstances such as the fact that the prosecutor defendant committed a crime during the period of repeated crime due to the business of a speculative game and the size and business period of the game room, etc., the sentence of the court below against the defendant (old punishment: three years of imprisonment and confiscation) is too unfeasible and unfair.

2. The crime of this case is deemed to be committed by the Defendant’s speculative act in cash by installing 100 game machine “marine camping out game”, which is a speculative game that had not been classified from the date to December 12, 2012, and providing them to customers, and exchanging them in cash after deducting a certain percentage of commission according to accumulated points. The Defendant is recognized to have committed the crime of this case, but there is a big social hazard in illegal game place’s business as impairing the people’s sound sense of work and causing property to be damaged, and there is a need to strictly punish the illegal game place’s business as it does not eradicate the continuous control despite the continuous control. The game site of this case is installed with the strong door and CCTV, setting up the existing PC signboard as it is, and the Defendant tried to actively escape from the Defendant’s repeated business, and the Defendant tried to commit the crime of this case by taking account of the circumstances surrounding the crime of this case’s repeated punishment, including the circumstances surrounding the crime of this case’s imprisonment with prison labor before and after the execution of the punishment of this case’s punishment.