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(영문) 대전지방법원 2014.11.26 2014노2736
사행행위등규제및처벌특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and confiscation) that the court below sentenced against the defendant is too unreasonable.

2. A favorable circumstance is recognized, such as the following: (a) the Defendant led to the instant crime and reflects his mistake; (b) the Defendant has no record of criminal punishment due to the same kind of crime; (c) the Defendant suffers from the disability without delay; and (d) the economic situation is not good; and (d) the Defendant appears to have been given a chance to satise and satise the quasi-satis of punishment through confinement life exceeding two months.

However, the crime related to the illegal game room is not good in the method of crime, such as encouraging the citizens' excessive spirit of gambling and hindering sound labor, and thus, it is necessary to strictly punish the illegal game room as it is not eradicated regardless of continuous control. Even in order to prevent the proliferation of the illegal game room, the game machine installed in the game room in this case has reached 75 units, and the size of the place of business was reasonable, and the defendant directly operated the game room in this case, supervised the entry through CCTV, and exchanged the game score in cash, etc. The criminal records of this crime were reached 18 times and 6 times, and the two times, which are similar to this case, should maintain equity in the punishment of the defendant's previous crime, and all other circumstances such as the defendant's age, character and conduct, etc., which are similar to this case. Thus, the defendant's argument that the court below's punishment is unreasonable because it is not justified.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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