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(영문) 대전지방법원 2015.07.02 2015노31
사행행위등규제및처벌특례법위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

The seizure of articles 1 to 1.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 6 months and 1 year and 6 months) of the original judgment (e.g., imprisonment with prison labor for 6 months) is too unreasonable.

2. The court of the trial ex officio rendered a decision to jointly examine each of the appeals cases against the defendant by the court below.

The judgment of the court below, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should simultaneously be sentenced to a single punishment within the scope of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act.

Therefore, all judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. under the relevant provisions on criminal facts, Article 30 of the Criminal Act (limited to the provision of speculative businesses using speculative gaming machines, Article 30 of the Criminal Act is limited to the crime committed in the judgment of the court below), Article 44 (1) 1 and Article 28 subparagraph 2 of the Promotion of respective Game Industry Act, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 1 of the Act on Promotion of respective Game Industry, Article 30 of the Criminal Act

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Article 40 and 50 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. as indicated in the judgment of the court below, between violations of the Game Industry Promotion Act due to the provision of speculative acts by using each game product, and punishment stipulated in the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. which are heavier than the nature of crimes)

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