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(영문) 광주지방법원 2013.06.05 2013노631
사행행위등규제및처벌특례법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of suspended execution in October, probation, and community service order 160 hours) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination is that the number of the game machine installed in the instant game room is considerably high as 44 days, and the period of business is about 50 days, and the defendant continues to operate the game room business even after the first control around October 20, 201, with the remaining game machine that was not seized until the second control around November 16, 201, and the illegal game room business like the instant crime is in need of strict punishment of social harm, such as promoting the general public’s gambling spirit and failure of home economy. The defendant has escaped for more than one year after the crime, the defendant has been sentenced to suspended sentence one time after the crime, and five times after the crime is committed against the defendant, while it is reasonable to consider the defendant that the defendant led to a confession of criminal facts and is against the defendant, and that there is no criminal conviction or punishment for the same kind of crime.

In full view of other various circumstances, including the Defendant’s age, environment, character and conduct, the background and motive leading to the instant crime, the circumstances after the crime, and the balance of punishment with accomplices, etc., the sentence imposed by the lower court is deemed appropriate, and the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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