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(영문) 대구지방법원 2014.12.30 2014노3423
사행행위등규제및처벌특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven months.

Daegu District Prosecutors' Office, 2014, 1283.

Reasons

1. In light of the fact that the defendant's summary of the grounds for appeal is against the law, the punishment imposed by the court below (one hundred months of imprisonment, confiscation, collection 4.1 million won) is too unreasonable.

2. The ex officio judgment prosecutor changed "violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc." from among the names of the crimes against the defendant in the trial of the trial of the court, "violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc." to "Article 30 (1) 2 and 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc." and "Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc." in the corresponding part of the applicable provisions of the Act to "Article 30 (1) 1 of the Special Cases concerning

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Punishment of the crime

The Defendant is a life-free game screening business operator who sets up the program of “marine camping” containing a “marine eroding machine,” which is a speculative machine not rated from the name-free box (one name, and (C) and installs the program in an unlawful eroding machine in the game machine of the operator of the eroding game room.

1. On August 2013, the Defendant: (a) installed in the game machine 40 games a sea-bridge program, which is a speculative machine, in which the Defendant received KRW 1,200,00 from the F engaged in speculative activities by using speculative gaming machines; and (b) installed in the game machine a 40-class 40-class program, which is a speculative machine.

Accordingly, the defendant aids and abets the use of F's speculative gaming machines to engage in speculative activities.

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