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(영문) 대전지방법원 2017.04.18 2016고단1168 (1)
사행행위등규제및처벌특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From August 10, 2015 to August 15, 2015, the Defendant: (a) installed 30 games of “sea-to-sea-to-sea-to-sea” type electronic gaming machines, which were not classified by the Water Management Committee, under the ground of the Seo-gu Daejeon-gu Daejeon Building from around August 10, 2015; and (b) operated a speculative act by having many and unspecified customers find the place and make them play a game by inserting cash into the game machine and exchange the remainder of the fee obtained by the customers after deducting the fee from the fee.

2. On September 2, 2015, the Defendant: (a) around September 2, 2015, from around September 2, 2015 to around September 4, 2015, the Defendant installed 30 games of “sea-to-sea-to-sea-to-air game,” which is a speculative electronic device not classified by the Game Water Management Committee, on the first floor of the building underground of Daejeon E-gu Daejeon E, and (b) operated a speculative act by having many unspecified customers find the place and make them play a game by inserting cash in the game machine; and (c) having them exchange the remaining amount after deducting the fees that they acquired.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a police officer against F, G, H, or I;

1. Each statement;

1. Application of each protocol of seizure, list of seizure, photograph of the sea open from D, photograph of the game site of the sea open from the sea, response to statutes as a result of control support;

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. under the relevant Act on Criminal Facts (the point of a speculative business using speculative gaming machines), Article 44 (1) 2 of the Act on Promotion of respective Game Industry and Article 32 (1) 1 of the Act (the point of a provision for the use of game products not classified as the rating), Articles 44 (1) 2 and 32 (1) 7 of the Act on Promotion of respective Game Industry, and each choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under the Criminal Act;

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