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(영문) 대구지방법원 서부지원 2013.05.31 2013고단476

사행행위등규제및처벌특례법위반등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 29, 2011, the Defendant was sentenced to ten months of imprisonment and two years of suspended execution as declared by the lower court on July 29, 201 to a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. in the Western Branch of the Daegu District Court, and is currently under suspended execution.

1. No person who violates the Act on the Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. shall engage in the business of giving gains or losses on property to users according to the outcome of friendship using machines, instruments, etc. which might attract speculative spirit, such as speculative electronic gaming machines;

With AF, AG, AH, AI, and AJ, the Defendant manage the overall operation of the game room. AH as a day manager, AH as a night manager, AJ as a simple employee, AF as an employee, and AF as to supply a game machine and to acquire profits from the operation of the game room between the Defendant and the Defendant, and AG as the so-called “bab president”, the Defendant and the AF shared operation of the game room by means of punishment instead of punishment when regulating the game room operated by AF.

The Defendant, together with AF, AG, AH, AI, AJ, from February 7, 2012.

2. From the date of May, 15, at “AL amusement room” located in the Daegu Northern-gu AK, 40 games for “AL amusement room” were installed and provided to the unspecified number of customers.

위 아리수 게임기는 조이스틱으로 화면에 있는 조준점을 컨트롤한 다음 배경화면에 출현하는 물고기를 향해 발사버튼을 눌러 총알이 물고기에 명중이 되면 물고기의 종류별로 100점에서 1,000점까지 점수를 획득하고 누적 점수가 5,000점 이상이 되면 경품이 배출되는 내용으로 등급분류를 받았음에도 불구하고, 손님들의 임의적인 선택이나 조이스틱 조작과 관계없이 자동실행 장치인 속칭 ‘똑딱이’를 이용하여 자동으로 게임을 진행하게 한 다음 배경화면에 해파리가 출현하면 1만점, 이어서 오징어까지 출현하면 2만점,...