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(영문) 대전지방법원 2014.10.23 2014노2162
사행행위등규제및처벌특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (seven months of imprisonment) is too unreasonable.

2. Although it is recognized that the defendant led to confession and reflects on the judgment, the crime related to illegal game farms in this case is highly likely to cause social harm, such as encouraging the people's excessive speculative spirit and impairing sound labor awareness, and there is a need to strictly punish the defendant because it is not eradicated despite continuous control. The defendant attempted to conceal the crime under the name of G, even though he actually runs the business, on the ground of the name of G, as the branch office in the name of the business owner. There are several records of criminal punishment of the same kind of crime (one time of suspension of indictment, two times of fines, one time of suspended execution), and in particular, the defendant committed the crime in this case without being aware of it during the period of the same suspended execution, and taking into account various sentencing conditions provided for in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means, and consequence, circumstances before and after the crime, the above argument by the defendant is without merit

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

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