(영문) 대전지방법원 2014.10.29 2014노2182 | 리걸엔진

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(영문) 대전지방법원 2014.10.29 2014노2182

사행행위등규제및처벌특례법위반

Text

The judgment of the court below is reversed.

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

Seized evidence 1 to 5 shall be confiscated, respectively.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court’s sentence against the Defendant is too unreasonable.

2. Determination for the crime related to the illegal game room is recognized that there is a need to strictly punish the illegal game room as not only the proprietor operating the illegal game room but also the person who facilitates the illegal game room in order to prevent the spread of the illegal game room, because the crime related to the illegal game room promotion of excessive gambling spirit of the people and undermining sound labor practices, etc.

However, considering the following as a whole: (a) the Defendant led to the instant crime; (b) the Defendant’s confession of the instant crime and reflects his mistake; (c) the Defendant’s term “bab president” does not relatively heavy to the degree of the commission of the instant crime; (d) economic benefits from the instant crime are also received two times a daily wage of KRW 100,000,000 per day; (c) the Defendant has no criminal records of the same kind or suspended execution; (d) the Defendant has no criminal records of imprisonment or more than six months; (e) the Defendant appears to have been given an opportunity to know that the punishment was strict through confinement life in excess of six months; (e) the Defendant has a father who must nurture the Defendant; (e) the Defendant has been living in good faith without re-offending; and (e) the Defendant has to maintain equity in the punishment for cases similar to the instant case; and (e) other factors of sentencing, including the Defendant’s age, character and conduct

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Discretionary Judgment] Summary of Criminal facts and Evidence is recognized by this Court.

참조조문

-형사소송법 제364조 제6항

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