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(영문) 창원지방법원 2013.12.19 2013노1760
사행행위등규제및처벌특례법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Of the facts charged against the Defendant, the lower court rendered not guilty as to the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., No. 2015 and the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., No. 2013 and 3 million won as to the escape of a criminal. Since only the Defendant appealed on the guilty part of the lower judgment on the ground of unfair sentencing, the part of the lower judgment that acquitted the Defendant among the judgment below was final and conclusive, and the part of the lower judgment on the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., which was pronounced not guilty as it is, and

2. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below is too large.

3. Although the crime of this case was committed by the defendant, who is the operator of the "F" media center, as a business of performing speculative acts, such as installing two game posters, which are speculative electronic machines, and exchanging the points of the game machine, at the request of B, the defendant, who is an employee of the above media center, was made by the defendant, as if he operated the speculative acts such as installation and exchange of speculative machines, the crime of this case was committed by the police, and the crime of attempted to escape B of violating the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. by making statements to the police, and the crime of attempted to escape is not easy. The crime of attempted to escape is hard to find substantial truth, and there is a need to strictly punish the defendant as a crime of interfering with the national criminal justice such as investigation and trial. The defendant's crime of this case, which committed the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. by the defendant, becomes final and conclusive as a result of the defendant's violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc.

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