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(영문) 대구지방법원 2015.12.11 2015노1009
사행행위등규제및처벌특례법위반등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant B: Imprisonment with prison labor for 10 months, suspended execution for 2 years, and fine for 25 million won for Defendant C) declared by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination:

A. The Defendant B’s crime of running the instant illegal game room is likely to cause harm to the public’s sound sense of work by promoting a speculative spirit. As such, the Defendant B’s crime of running the instant illegal game room is likely to cause severe damage to the public. Thus, Defendant B recognized the facts charged of this case, and reflects it. Considering the favorable circumstances, such as the sentencing cases of similar cases, the sentencing cases of the Defendant B, the age of the Defendant B, character and conduct, environment, family relationship, circumstances after the crime, etc., and all of the sentencing conditions specified in the records and arguments, the lower court’s punishment against the Defendant B is deemed appropriate. Thus, the Defendant B and the Prosecutor’s assertion on the Defendant B is without merit.

B. It is recognized that Defendant C recognized the facts charged in this case and against the public prosecutor’s assertion on Defendant C, and that Defendant C committed a prison life for more than four months in this case. Meanwhile, Defendant C committed the crime in this case without being aware of during the period of suspension of execution. Defendant C’s commission of the crime in this case’s illegal game room is likely to cause harm to ordinary people’s sound labor consciousness by promoting speculative spirit, and thus, it is necessary to strictize it; Defendant C’s commission of the crime in this case’s illegal game room is likely to cause harm to ordinary people’s sound labor consciousness; Defendant B’s sentencing and equity cannot be considered; other similar cases’ sentencing cases, Defendant C’s age, character and conduct, environment, family relationship, circumstances after the crime, etc. are considered, and all of the sentencing conditions indicated in the records and arguments of this case’s case’s case’s case’s case’s sentencing, and thus, the sentence against Defendant C

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