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(영문) 대구지방법원 2014.05.15 2013노3411
사행행위등규제및처벌특례법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there is a need to punish the Defendants to eradicate the illegal entertainment room business, the sentence (a fine of KRW 7 million is imposed on the Defendants, confiscation, and fine of KRW 7 million) that the lower court sentenced the Defendants is too uneasible and unfair.

B. The sentence imposed by the court below is too unreasonable in light of the fact that the defendants are divided and reflected in the defendants' mistakes.

2. We also examine the judgment prosecutor and the Defendants’ assertion of unreasonable sentencing.

The crime of this case is a favorable situation where the promotion of speculative spirit and bring serious social injury, and the nature of the crime is not good, and the police officers interfered with the crackdown to conceal illegal business when regulating the game of this case, etc., which are disadvantageous to the Defendants, or the Defendants divided and reflected the mistakes, and the Defendants merely worked as employees of the game of this case.

In full view of these circumstances, Defendant’s character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and the conditions of sentencing as shown in the pleading, the sentence imposed by the lower court is not unfair.

3. In conclusion, the prosecutor and the Defendants’ appeal are dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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