(영문) 대전지방법원 2013.09.26 2013노1311 | 리걸엔진

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(영문) 대전지방법원 2013.09.26 2013노1311

사행행위등규제및처벌특례법위반등

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All appeals filed by the Defendants and by the Prosecutor against Defendant C are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendants' sentence (10 months of imprisonment, 8 months of imprisonment, 8 months of imprisonment, 2 years of probation and suspended execution, 120 hours of community service order, 40 hours of education) of the court below is too unreasonable.

B. The above sentence of the lower court against the Defendant C by the Prosecutor is too unhued and unreasonable.

2. Determination

A. Although it is recognized that Defendant A led to the instant crime and reflects the fact that there was no record of punishment for the same kind of crime, the business of the instant speculative game room is highly harmful to society, such as impairing the citizens’ sound sense of work, promoting speculative spirit, etc. In light of the fact that the Defendant, as the owner of the instant game room, systematically shares his duties and led the commission of the crime, etc., the nature of the crime is heavy, and in full view of all the sentencing conditions such as the Defendant’s age, character and behavior, environment, business period and size of the instant game room, criminal records, etc., the lower court’s punishment cannot be deemed unreasonable. Thus, the Defendant’s assertion is without merit.

B. Although it is recognized that the defendant led to the crime of this case and reflected against the defendant B, the defendant was punished by a fine or sentenced to the suspension of the execution of imprisonment for the same crime, although the defendant was an aiding and abetting offender, it seems that he was involved in the business of the game of this case by giving specific business methods to the employees of the game of this case. In full view of all the sentencing conditions including the defendant's age, character and behavior, environment, criminal records, and circumstances after the crime, the court below's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

C. We examine Defendant C as well as the grounds for appeal by the Defendant and the prosecutor.

The defendant confessions and reflects the crime of this case.

유사 판례

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