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(영문) 대전지방법원 2016.06.09 2016노556
사행행위등규제및처벌특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-misunderstanding police, without complying with the requirements for criminal identification procedures, only presented the Defendant’s photograph to D, and thus, the statement of D is not reliable. The Defendant borrowed KRW 15 million necessary for Q and R to lease the game of this case to Q and R, and intended to receive certain profits. In addition, the Defendant did not directly operate the game of this case as stated in the facts charged in the facts charged of this case or exchange the outcome obtained through the use of game products by directly operating the game of this case or using the game machine which was not rated as classified in the rating. Thus, the lower court found the Defendant guilty of the facts charged of this case, in so determining, it erred by misapprehending the facts and adversely affecting the judgment.

B. The lower court’s sentence (10 months of imprisonment, confiscation) against an unjust defendant is too unreasonable.

2. The lower court, based on the evidence duly admitted and examined by the lower court, stated that: (a) at the time of regulating the game site of this case around April 2009, the Defendant himself/herself was the owner of his/her business in his/her own currency with the police officer and was assigned a number of times as designated at the time of the operation of the game site (Evidence 4, 5 page); (b) D entered into a lease agreement on the game site of this case with the delegation of K, the owner of the building of the game site of this case, around March 23, 2009, and leased the Defendant’s photograph to the Defendant on April 22, 2009, upon the investigation conducted by the police on April 22, 2009.

As a result of the confirmation, the background leading up to the conclusion of the contract with the defendant, the contents of conversation, etc. have been specifically stated (which means 32 pages of evidence records). The purport of complying with the criminal identification procedure, namely, the fact that there is a very low possibility of an error due to the limit of memory or inaccuracy, etc., and ③ at the time of the control of this case, it was used as a vehicle that had been displayed around the game site of this case.

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