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(영문) 대구지방법원 2013.04.18 2012노3670
게임산업진흥에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of eight months, a suspended sentence of two years, a probation, a community service work, confiscation) imposed by the court below is too unfasible and unreasonable.

2. The Defendant’s crime of this case caused the general public to commit an excessive gambling, thereby undermining the sound sense of work. The size of the Defendant’s business place is reasonable, and thus, the case is not easy.

In the investigation process, the defendant ordered the employees to make a false statement, refused to attend, and made it difficult to investigate the case until he is arrested in 2012.

However, in full view of the facts that the Defendant was punished twice due to the crime of gambling, and there was no criminal conviction related to the operation of the same speculative game room in this case, and that the Defendant recognized the crime of this case and repented the mistake, and all other sentencing conditions as shown in the records and arguments, the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the lower court is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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