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(영문) 춘천지방법원 강릉지원 2017.12.14 2017노447
범인도피등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The fact that the defendant recognized his mistake and against himself, the defendant's crime of violation of the Act on the Promotion of Game Industry by the defendant was committed with daily allowances in the game run by C and the degree of participation in the operation of the game room is lower than C, etc. are favorable to the defendant.

However, in order to continue committing a crime by an illegal game room business owner who is unable to continue to maintain business in the name of the same business owner due to the cumulative criminal records, it is essential that an accomplice who takes the role of the so-called "the second president" by pretending to be an actual business owner on behalf of the defendant, such as the defendant.

Therefore, the degree of the defendant's participation in the game room operation itself is lower than C.

The degree of the liability for the crime is not C.

must be viewed.

Although the Defendant had had the record of being subject to suspended sentence once for the same crime, the Defendant again committed the instant crime, and even after the crime, the Defendant made a false statement to the investigative agency so that C, a real business owner, could not be revealed.

In addition, due to the escape of the defendant for more than two years after the first investigation, efforts have been made by investigative agencies to secure the defendant's personal illness.

Considering these circumstances, it is difficult to see that punishing the defendant with the same punishment as C is excessive.

In addition, considering various sentencing conditions shown in the records and arguments, such as the age, character and environment of the defendant and the circumstances before and after the crime, the sentence of the court below against the defendant is too unreasonable.

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

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