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(영문) 대전지방법원 2013.12.05 2013노2143
사행행위등규제및처벌특례법위반등
Text

The judgment below

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

Defendant

A shall be punished by imprisonment for six months.

, however, the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment and imprisonment) of the lower court against the Defendants is too unreasonable.

2. Determination

A. Although Defendant A’s business of the instant speculative game room is deemed to be in need of strict punishment in that it impedes the awareness of sound labor and encourages speculative spirit, Defendant A’s social harm is deemed to be so great. Meanwhile, Defendant made a confession of all the facts of the instant game room business and reflects the fact that the instant game room business was committed in the first instance court, Defendant did not have any criminal record other than being punished by a fine in violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents around 1988, and all other sentencing conditions such as Defendant’s age, character and conduct, environment, and circumstances after committing the crime, the lower court’s punishment is deemed to be somewhat inappropriate, and thus, Defendant’s above assertion is reasonable.

B. Although Defendant B is deemed to have led to the crime of this case when he was found to have committed the crime of this case, the Defendant actively participated in the crime of this case by leasing the building of this case and recruiting employees and actively participating in business and money exchange, and considering all the sentencing conditions including the fact that the Defendant was sentenced to the suspension of the execution of imprisonment for the same kind of crime, and the fact that the Defendant started the business of the game of this case before the period of the suspension of the execution of the sentence expires, and other sentencing conditions such as the Defendant’s age, character and behavior, environment, criminal records, circumstances after the crime, risk of recidivism, etc., the Defendant’s assertion is too unreasonable.

3. In conclusion, the part of the judgment below against Defendant A among the judgment below is reversed and the following decision is delivered in accordance with Article 364(6) of the Criminal Procedure Act, since the appeal by Defendant A is well-grounded.

On the other hand, Defendant B’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

Criminal facts

(b).

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