logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2012.12.28 2012노3197
범인도피교사등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s imprisonment with labor for ten months is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflects his mistake, the profits earned by the business of illegal game places are not so much high, and there are family members to support the defendant.

However, there are such favorable circumstances for the defendant.

Even if the crime of this case is committed, ① the illegal game room business, such as the crime of this case, is likely to cause harm to society by promoting an excessive speculative spirit, and is not eradicated despite continuous control, and there is a need to strictly punish the defendant. ② The defendant, together with A, operated the game room systematically by sharing the role of publicity and operation of the game room, and ② If he aided a criminal on the ground of his branch office in order to conceal his crime, it is highly likely that the crime is heavy in that he prepared the illegal game room business, and ③ the defendant was sentenced to a fine due to the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. and Punishment, etc., or the crime of gambling in around 206, in full view of the following factors: (a) imprisonment with prison labor for 8 months, a suspended sentence of imprisonment for a crime of violation of the Sound Records, Video Products, and Game Software Act, (b) imprisonment with prison labor for the same or similar incidents, equity in sentencing, and the defendant's age, character and behavior, home environment, etc.

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

arrow