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(영문) 대전지방법원 2016.01.21 2015노3334
사행행위등규제및처벌특례법위반등
Text

Defendant

All appeals filed against A and the prosecutor F by the defendant F are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against Defendant A (a year and six months of imprisonment, confiscation, and collection) is too unreasonable.

B. The Prosecutor (as to Defendant F), the lower court’s sentence (as to KRW 5 million) against the Defendant is too unhued and unreasonable.

2. Determination

A. As to Defendant A’s assertion, the confession of each of the crimes of this case and the violation of his wrongness, and the fact that the social relation of Defendant appears to be clear, etc. are favorable to the Defendant. However, in the case of each of the crimes in violation of the Regulation and Punishment of Speculative Acts, etc. and the Act on the Promotion of Game Industry, there is considerable harm to the Defendant, and thus, it is necessary to strictly punish the Defendant. Each of the crimes was organized through the division of roles among multiple persons. The Defendant, as a substantial operator, had another person make a false statement to the effect that the Defendant was an actual operator of the above crimes. After the occurrence of each of the crimes, it is not good that the crime of this case was committed by the Defendant, such as continuing to commit the same kind of crime even after the first control over the investigation agency, and that the Defendant again committed the crime of this case, despite having been sentenced several times of fines, considering the Defendant’s age, the Defendant’s age, motive, means and conditions before and after the crime of this case, there is no reason to view that the Defendant’s punishment is excessive motive for the Defendant’s punishment.

B. As to the prosecutor’s assertion on Defendant F’s assertion, the instant crime leads to excessive speculative spirit that harms the sound life of the people and harms good morals.

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