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(영문) 대전지방법원 2013.08.22 2013노972
사행행위등규제및처벌특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment and two years of suspended execution, probation, and community service order 120 hours) to the summary of the grounds for appeal is too unhued and unreasonable.

2. Not only has the record of being sentenced to a fine and a suspended sentence of imprisonment for the same crime against the defendant, but also there is a great need for a strict punishment in that the business of the instant speculative game room is detrimental to the awareness of sound labor and promoting speculative spirit. However, the criminal records of the defendant in the past are all employees of the game room for a relatively short period of time and are punished in the form of aiding and abetting. The defendant seems not to have been directly involved in the exchange activities within the game room of this case. In full view of all the sentencing conditions such as the size, business period, age, character and conduct of the game of this case, the defendant's age, character and conduct, circumstances after the crime, etc., of the game room of this case, the prosecutor's assertion is without merit.

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

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