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(영문) 창원지방법원 2015.09.23 2015노1880
사행행위등규제및처벌특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one hundred months of imprisonment, confiscation) is too unreasonable.

2. The crime of this case, as indicated in the facts constituting the crime of this case in the judgment of the court below, was committed by installing a game machine, which is a game machine, the rating of which is refused to be classified in a general four game room or different from the rating of which is provided, and customers exchange the outcome obtained through the use of the game. When the above game room, etc. was controlled, the defendant instigated other people (K, L, and M) to escape as if he had been the unemployment in the game room or as if he was the owner of the game machine, and the defendant did not have any criminal record or criminal record of suspension of qualification or heavier punishment, and approved the crime of this case, and surrenders himself, and the defendant's family and people, including a woman of matrimonial engagement, want to escape the defendant's preference against the defendant.

However, it is necessary to strictly punish illegal games because they are highly harmful to society, such as encouraging an excessive gambling spirit and hindering sound labor awareness.

However, there are many places where the Defendant operates a game room or kept a game machine, and the number of the game machine is up to 132, etc., and the Defendant is extremely poor in the nature of the crime, such as aiding another person to escape, as the crime was discovered, and the equality in sentencing and sentencing should be taken into account.

In addition, considering the fact that there is no change of circumstances that may be considered in sentencing after the sentence of the lower judgment, as well as the circumstances, such as the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime was committed, it cannot be deemed that the lower court’s punishment is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

3. Thus, the defendant's appeal is without merit.

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