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(영문) 서울중앙지방법원 2014.10.10 2014노2862
사행행위등규제및처벌특례법위반
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal by the defendant;

A. Since misunderstanding of facts or misunderstanding of legal principles only served as an employee of the game room, who is the owner of the game room, but did not exercise functional control over the operation of the game room, the court below recognized the defendant as a co-principal. The court below erred by misunderstanding of facts or misunderstanding of legal principles as to the distinction between a co-principal and a co-principal.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court, namely, ① the Defendant and A had been working in the game site of this case as well as in the game site of this case from January 15, 2013 to November 15, 2013, which was the time prior to the operation of the game site of this case before the operation of the game of this case, ② the Defendant and A operated the game site of this case, ② the Defendant and A mainly operated the game site of this case, ③ the Defendant sent text messages to customers to attract customers by advertising the game of this case, and managed the access of the customers who found in the game site of this case. In full view of the following circumstances, the Defendant recognized that the Defendant had been aware of functional control over the act of division of roles beyond mere aiding and abetting in relation to the game site of this case, and that the Defendant had operated the game site of this case by employing a part that he had ever worked, thereby recognizing the Defendant as a co-principal.

Therefore, this part of the defendant's assertion is without merit.

B. The illegal game machine business, such as this case’s inappropriate sentencing, is likely to instigate an excessive spirit of gambling, disrupt the people’s awareness of sound labor, thereby causing significant social harm, and there is a need to strictly punish the illegal game machine business as it does not eradicate regardless of continuous control.

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