(영문) 부산지방법원 2014.12.11 2014노2778 | 리걸엔진

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(영문) 부산지방법원 2014.12.11 2014노2778

사행행위등규제및처벌특례법위반

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for ten months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant A’s assertion of mistake of facts was merely a branch office of the game of this case, the court below erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. Each sentence of the lower court (each 10 months of imprisonment and confiscation) against the Defendants on the assertion of unfair sentencing by the Defendants is too unreasonable.

2. Judgment on Defendant A’s assertion of mistake of facts

A. In full view of the following circumstances acknowledged by Defendant A, C, and D’s legal statement, etc. and evidence duly adopted and investigated by the lower court and the lower court, namely, Defendant A’s legal statement at the lower court to the effect that Defendant A was merely the head of his branch because it had been revealed from the investigation stage that Defendant A was not aware of the detailed contents of the game site business in question. On the other hand, Defendant A’s legal statement at the lower court was considerably reliable in light of its content and statement details; on the other hand, Defendant A’s legal statement at the lower court to the effect that “Defendant A was unemployed and she was only the sewage provider employed by the said A” was not consistent in the case of partial statements, and that there was a difference in persuasive power in view of the relationship between Defendant A and the Defendant D, etc., as alleged by Defendant A, it seems that Defendant A was not the head of the unemployment game site at issue, but merely the head of the branch office at issue.

However, the above defendant is merely a branch office.

However, according to the records, the above defendant was promised to pay a reasonable amount prior to the commencement of the game room business of this case by the defendant, etc., and gathered a crime with the defendant, etc., and let the defendant purchase the vehicles used for the game room business in the above defendant's name, and also use the tenant's name under a lease agreement for the game room

유사 판례

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