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(영문) 대전지방법원 2015.11.19 2015노2795
사행행위등규제및처벌특례법위반
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (one year of imprisonment) is too unreasonable.

2. Considering the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) appears to be insufficient health; (c) the Defendant appears to have no significant profit from the instant crime; (d) the Defendant’s most supporting his/her mother; and (e) the Defendant cooperates with the investigation by speaking as a game room unemployment in the course of the investigation.

However, in light of the fact that the crime related to the illegal game room is highly harmful to society by encouraging the citizens' excessive gambling spirit and hindering sound work awareness, and that it is necessary to punish the crimes, and the number of game machines and the size of the game room area, etc., the defendant's role is not only to interfere with the proper exercise of State punishment rights by preventing the actual owner of the game room from being subject to criminal punishment, but also to operate a new game room business by changing the place where the actual owner who did not have been punished. As such, the defendant's responsibility is not easy, and the defendant committed each of the crimes of this case while serving as the "bow president" of the game room, and there is no other unfavorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence, etc., even though he committed each of the crimes of this case, it cannot be deemed that the sentence of the court below is too inappropriate to the extent that the sentence can be reversed.

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

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