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(영문) 청주지방법원 2014.08.22 2014노267
사행행위등규제및처벌특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the grounds for appeal (unfair assertion) the following facts: (a) the Defendant had the record of being punished for a crime of the same kind; (b) the head of an illegal game that served as an employee changed its place and took part in the crime related to the illegal game room repeatedly and repeatedly despite the control over several times by an investigative agency; and (c) the fact that the degree of the Defendant’s role in the operation of the illegal game room in relation to the criminal facts 2013Kadan999 stated in the judgment below is not

However, in light of the circumstances such as the fact that the Defendant recognized all the crimes of this case and is against the Defendant (the Defendant was detained and tried for more than two months in the original trial), the period of operation of each illegal game of this case is relatively short, and the Defendant does not have much profit from the crime of this case. In relation to the criminal facts of this case in the holding of the lower judgment, the Defendant was simply an employee at the illegal game site, and considering various sentencing conditions as indicated in the records, including the Defendant’s age, character and conduct, family relation, means and consequence of the crime, etc., including criminal punishment against other accomplices, and the Defendant’s age, character and conduct, family relation, means and consequence of the crime, etc., it cannot be deemed that the lower court’s punishment (one year of imprisonment, two years of probation, and one year of probation) is too unreasonable.

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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