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(영문) 대전지방법원 2016.06.15 2015노3686
사전자기록등위작등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s misunderstanding of the facts (as to the case of 2015 senior group 996, 1541, 2054) is merely an easy way for BI’s game room business by introducing Defendant B to the president of the game room operated by BI, not an illegal game room business in collusion with Defendant B. However, Defendant A1 is not a common principal offender but a aiding and abetting offender who is not a common principal offender.

2) The sentence of the lower court’s unfair sentencing (2015 highest 528: imprisonment with prison labor for one year, 2015 highest 96, 1541, 2054: imprisonment with prison labor for one year) is too unreasonable.

B. Defendant B (unfair sentencing)’s punishment of the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to Defendant A’s assertion of mistake of facts, the following circumstances are acknowledged.

① Defendant A also proposed that Defendant B be the president of the illegal game site, and the fact that Defendant A provided necessary equipment for the game site is recognized.

② Defendant B determined the amount of money and daily expenses to be paid in the event of detention at the court of the original instance.

A's work in the game room is certain.

Defendant

A's phonephone was used in contact with the head of the game while playing a large phone.

O Game heads (2015 Godan 1541 related to the case) entered into a lease contract with A in order to enter into a real estate brokerage office.

A calls for money, such as a flight fund, so it should not be said that we continue to figure out these forms of money.

The phone called to A with the daily fee brought about A.

A made a statement to the effect that “A had received a phone call in the game and sold goods.”

③ Defendant B, as a supplement to the testimony of the court below at the court of the first instance, considered that “A was coming from A when only one side of the court below’s testimony.”

If the president is superior, he/she shall play the heart of the game funeral.

Three.

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