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(영문) 대전지방법원 2015.09.04 2015노2004
사행행위등규제및처벌특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the Defendant’s confessions and reflects all of the crimes committed in the trial of the political party, and support for his wife and children at the age of 62 years.

B. Meanwhile, it is necessary to strictly eradicate the provision of illegal game products, since it is highly harmful to society by committing an act that encourages an excessive speculative spirit and undermines sound sense of work. The Defendant altered the game machine to operate the game room from August 14, 2014 to August 18, 2014, and even if he was controlled by the Defendant, he installed the game machine rated for a considerable period from August 22, 2014 to October 29, 2014, and continued to operate the game room business by converting it into “sea-to-sea,” which is a speculative machine that did not receive a rating, so it is inevitable to punish the Defendant with severe punishment because the nature of the crime is not weak.

C. In light of all the sentencing conditions indicated in the instant case, such as the scale of the place of business and the type of business, the number of business days, the amount of profit, the living environment of the defendant, the details and result of the crime, and the circumstances after the crime, the sentence of the

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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