(영문) 대전지방법원 2015.02.04 2014노3822 | 리걸엔진

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(영문) 대전지방법원 2015.02.04 2014노3822

사행행위등규제및처벌특례법위반등

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All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court against Defendant A (one year and six months of imprisonment, confiscation, and collection KRW 3 million) is too unreasonable.

B. The sentence imposed by the lower court against the Defendant (one hundred and twenty months of imprisonment, two years of suspended execution, confiscation, and collection KRW 1.2 million) is too unreasonable.

B. The Prosecutor (Defendant A)’s sentence imposed by the lower court on Defendant A is too unfased and unreasonable.

2. Determination

A. The Defendant and the prosecutor’s assertion on the assertion of unfair sentencing against Defendant A, together with the Defendant and the prosecutor’s assertion on the assertion of unfair sentencing against Defendant A, are favorable to the Defendant, such as the following: (a) the Defendant led to the confession of each of the instant crimes and reflects his mistake; (b) the Defendant is relatively young age of 26 years; (c) the Defendant’s economic condition is not good; (d) the Defendant does not repeat the crime; and (e) the Defendant’s life without repeating the crime; and (e) the Defendant seems to have an opportunity to know that the Defendant’s imprisonment with prison labor for more than seven months would have been maintained; and (b)

On the other hand, each of the crimes of this case is that the defendant operated the game room in three times or stored the game machine, did not enlist without any justifiable reason even after receiving the enlistment notice, and its nature of the crime is not good. The crime related to the illegal game room is highly harmful to society, such as promoting the excessive speculative spirit of the people and impairing their sound labor awareness, and thus, requires strict punishment because it is not eradicated despite continuous control. The defendant appears to play a leading role in the operation of the game of this case. In the method, the defendant acted in the leading role in the operation of the game of this case, such as monitoring CCTV access to CCTV and moving toward money exchange, and the defendant runs away without complying with the duty of military service despite the fact that it was controlled by the operation of the game room.

유사 판례

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