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(영문) 대전지방법원 2014.02.06 2013노1734
사행행위등규제및처벌특례법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The seizure of articles 1 to 1.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (the first instance judgment: imprisonment with prison labor for 2 years, and imprisonment with prison labor for 1 year and 2 months) sentenced by the lower court is too unreasonable.

B. The sentence imposed by the second instance court is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the case of this Court No. 2013No1734, which is the appeal case against the judgment of the court of first instance, and the case of this Court No. 2013No2905, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the oral proceedings. Each of the crimes in the judgment of the court of first and second is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the extent that aggravating concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court of second and

3. According to the conclusion of the judgment below, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following is again decided upon without examining each of the grounds for reversal of authority and the prosecutor’s assertion of unfair sentencing.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning facts constituting a crime (referring to where a person performs speculative acts as a business), Article 44 (1) 1, Article 28 subparagraph 2, Article 44 (1) 2, and Article 32 (1) 1 of the Game Industry Promotion Act (referring to where a person uses or provides game products without rating);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. As to the crime of Article 35 subparag. 1 of the Criminal Act among repeated crimes, and the crime of “from May 26, 2012 to May 29 of the second instance judgment”

1. The Criminal Act among concurrent crimes.

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