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(영문) 대전지방법원 2014.02.05 2013노2568
사행행위등규제및처벌특례법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of all the circumstances, including Defendant A’s reflectivity and having no record of punishment for the same kind of crime, the sentence imposed by the court below (two months of imprisonment and confiscation) is too unreasonable.

B. In light of all the circumstances, such as Defendant B’s reflection, primary offender, and failure to directly participate in the operation of a game room, the punishment imposed by the lower court (one month imprisonment and two years of suspended execution) is too unreasonable.

C. In light of all the circumstances, such as Defendant F’s reflection and the degree of participation, etc., the sentence imposed by the lower court (two months of imprisonment) is too unreasonable.

Defendant

In light of all circumstances, such as the violation of I, the daily work as an employee, and the absence of criminal records of the same kind, the punishment of a fine of 4 million won sentenced by the court below is too unreasonable.

E. In light of all the circumstances, including Defendant J’s violation and the long-term operating period, the sentence imposed by the lower court (two months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. It is recognized that Defendant A has no record of punishment for the same kind of crime against Defendant A, and that he appears to reflect.

However, from November 26, 2012 to December 14, 2012, the crime of this case was committed by the Defendant with the trade name of “W Game Establishment” (hereinafter “instant game establishment”) which was classified as “W Game Establishment”) by pretending that the Defendant had registered as a juvenile game providing business operator and legally operate the game, and provided customers with the “W Game Establishment” 70 game machine, which was classified as “W Game Establishment” (hereinafter “instant game establishment”), and operated a speculative act by having D make a false confession as he operated the game establishment, and thereby inducing the Defendant escape, thereby impairing the citizens’ sound sense of work and causing property to be spread.

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