(영문) 대전지방법원 2015.01.15 2014노3011 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2015.01.15 2014노3011

사행행위등규제및처벌특례법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, confiscation) imposed by the lower court is unreasonable as it is excessively unreasonable.

2. The judgment of the defendant, despite his previous conviction due to the same crime, is a fine again to commit the crime of this case, and doing the speculative act as a business, is disadvantageous to the fact that it is necessary to severely punish the defendant in that it impedes the people's sound labor concept.

However, it appears that the defendant recognized all crimes and seriously reflects on the fact that the defendant actually operated the game room. The defendant did not obtain economic benefits from the crime of this case, the defendant appears to have started the game room business in contingency for the purpose of maintaining his livelihood, and the defendant seems to have been given an opportunity to reflect during the period of at least three months, taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., the defendant's argument on unfair sentencing is reasonable, since the defendant's punishment imposed by the court below is deemed to be excessive and unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 30 (1) 1 and Article 2 (1) 2 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

참조조문

-사행행위 등 규제 및 처벌 특례법 제2조 제1항 제2호

-사행행위 등 규제 및 처벌 특례법 제30조 제1항 제1호

유사 판례

-대전지방법원 2014.11.13 2014노2528

-대전지방법원 2014.12.18 2014노3000

-대전지방법원 2014.10.02 2014노1972

-서울중앙지방법원 2020.06.24 2020고단2614

-대전지방법원 2014.11.13 2014노2544