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(영문) 대전지방법원 2014.09.18 2014노1775
사행행위등규제및처벌특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 4 shall be confiscated.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years and six months of imprisonment, and confiscation) is too unreasonable.

2. The crime related to the illegal game room is highly likely to cause social harm, such as encouraging the citizens' excessive gambling spirit and hindering sound labor awareness, and there is a need for strict punishment as it is not eradicated despite continuous control, and the defendant operated each game of this case over seven occasions. In particular, even though some game centers were controlled by an investigative agency, they continued to run the game of this case in the same place as the again located in the same place, the period of operation is relatively long and considerable operating scale, the defendant attempted to conceal the crime under the name of the business owner in the name of the defendant, even though he actually operated the defendant, although he actually operated, he was trying to conceal the crime under the name of the business owner in the name of the defendant. It is recognized that the defendant has the same kind of power once, but it is recognized that the defendant confession and reflects the defendant, but in full view of various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and result, the defendant'

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts are related to Article 44(1)2 and Article 32(1)1 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act (the provision of game products that did not receive a grade), Article 44(1)1 and Article 28 subparag. 2 of the Promotion of Game Industry Act, Article 30 of the Criminal Act, and each speculative act, etc.

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