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(영문) 대전지방법원 2014.02.19 2013노2566
사행행위등규제및처벌특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, such as the fact that the defendant is against the nature of the grounds for appeal (e.g., both types of punishment) and the fact that the operating period is relatively short, the punishment imposed by the court below (a year and six months of imprisonment, and confiscation) is too unreasonable.

2. It is recognized that the judgment of the defendant is based on the time of the crime of this case and reflects the fact that he has no record of being punished for the same crime.

However, each of the instant crimes was committed by the Defendant: (a) from November 21, 2012 to February 22, 2012, in such a way that the Defendant, in the name of “F Game Site”, set up 80 e-mail machines at sea, which are speculative gaming machines, provided to customers and exchanged them in cash according to accumulated points; (b) from February 28, 2013 to March 4, 2013, in the “I Gameland”, the Defendant was aware that the Defendant, despite being aware of the fact that he/she carried on a speculative act in cash after restricting fees according to cumulative points provided by J et al. to customers with speculative gaming machines, was subject to criminal punishment as if he/she were unemployed; and (c) from around April 25, 2013 to May 2, 2013, the Defendant continued to engage in an illegal game within the e-mail of the general public’s e-mail and provided property within the e-mail.g., a large and unspecified game.

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