logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.05.22 2013노541
사행행위등규제및처벌특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, including the fact that the defendant committed the instant crime (e.g., imprisonment with prison labor for six months and confiscation), the sentence imposed by the court below is too unreasonable.

2. It is recognized that the judgment is against the defendant, that the defendant's business period is only three days, and that there is no record of punishment for the same crime.

However, the crime of this case was committed by the defendant by installing 50 game machines of "sea" which are speculative gaming machines and allowing many unspecified customers to play the game, and by exchanging the remaining amount after deducting 10% of the points obtained from the customers in cash. The operation of the illegal game place is highly harmful to the people's sound sense of labor and the operation of the illegal game place is not eradicated despite continuous control, and there is a need for strict punishment because it is not eradicated. The crime of this case also was committed by installing CCTV without trade name in the game place to avoid control. The game machine used for the crime of this case is not small in size as 50, and all other circumstances constituting the sentencing conditions of this case as shown in the records, such as the defendant's age, character and behavior, environment, motive and circumstances leading to the crime of this case, and circumstances after the crime, etc., the judgment of the court below is too inappropriate, and the defendant's assertion is not justified.

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