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(영문) 대구지방법원 2013.06.27 2013노1006
사행행위등규제및처벌특례법위반
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the public prosecutor (one year of imprisonment and one year of confiscation, two years of probation, two years of probation, one hundred and sixty hours of community service, ten months of imprisonment and two years of probation) is deemed to be too uneasy and unfair.

B. The sentence imposed by the lower court by Defendant A is too unreasonable.

2. From July 2012 to October 2, 2012, the Defendants established a 50 game machine that was altered over a three-month period, and operated the game site of this case. The crime of this case is heavier than that of hindering the general public’s awareness of sound labor by encouraging excessive speculative spirit.

However, in light of the following: (a) the Defendants divided the Defendants’ mistake in committing the instant crime; (b) the Defendants’ age, character and conduct, environment, motive and background leading up to the instant crime; (c) the method and consequence of the instant crime; and (d) the sentencing conditions indicated in the records and pleadings, including the circumstances before and after the instant crime, such as the degree of the Defendants’ participation and gains obtained; and (d) the punishment imposed by the lower court is deemed to be too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant A and the prosecutor is without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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