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(영문) 대전지방법원 2014.04.03 2014노354
사행행위등규제및처벌특례법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

2. The following facts are acknowledged: (a) the crime related to the illegal game room is highly likely to cause severe social harm, such as encouragement of an excessive gambling spirit of the people and undermining sound labor awareness; and (b) there is a need to strictly punish the defendant since it has not been eradicated despite continuous control; (c) the registration of a game providing business, under which the defendant pretends to operate a legitimate game room, and operates the illegal game room, and prepares for the installation and control of CCTV outside the game room while operating the illegal game room; and (d) the fact that the nature of the crime is poor by operating the re-game at the same place within two months after the first control.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, family relation, motive, means, and consequence before and after committing the instant crime, the sentence imposed by the lower court is deemed adequate, and it cannot be deemed unfair because it is too heavy or unreasonable.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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