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(영문) 수원지방법원 2014.04.24 2013노6256
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence in eight months of imprisonment) is too unhued and unreasonable.

2. The operation of the illegal gambling game room is to promote a speculative spirit for the general public and to impede the awareness of sound labor, and it is highly necessary to impose severe punishment because the social harm of the game is serious and its nature is not good.

However, in full view of the various circumstances, including the fact that the Defendant committed the instant crime against the mistake, and again would not commit such a crime again, the Defendant was punished once by a fine, the fact that only the Defendant had been punished by a fine, and the Defendant appears to have not been much significant, and the benefits earned from the instant crime appears to be considered as having been imposed by the Defendant, as well as the fact that the lower court’s punishment appears to be appropriate, and thus, the Prosecutor’s assertion is rejected.

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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