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(영문) 대전지방법원 2014.12.03 2014노2361
사행행위등규제및처벌특례법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the defendant (unfair punishment) sentenced by the court below against the defendant (one hundred months of imprisonment and additional collection) is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. The Defendant’s assertion as well as the prosecutor’s assertion that the Defendant made a confession of each of the instant crimes and reflects his mistake, that the Defendant has no criminal record of the same kind or suspension of execution, that the Defendant has no criminal record of imprisonment or more than five months, and that it appears that the Defendant’s family members and his wife wanted to take the Defendant’s measures against the Defendant, that the Defendant’s growth and economic circumstances are not good, that the Defendant’s family members who should support the Defendant, and that the Defendant’s family members who should support and live in good faith without committing a second offense are favorable to the Defendant.

On the other hand, the crime related to the illegal game room is disadvantageous to the defendant, such as the fact that there is a high need for strict punishment because social harm, such as encouraging the citizens' excessive gambling spirit and hindering sound labor practices, and it is not eradicated despite continuous control, in order to prevent the proliferation of the illegal game room, the game machine installed in the game room in this case has reached 60 units, the size of the place of business was reasonable, operated for a long period of more than one month, and the defendant operated the game room in this case as a joint unemployment, and exchanged points in cash, etc., which are not good enough to commit the crime.

The sentencing guidelines of the sentencing guidelines committee, including the above poor circumstances, are various conditions of sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime.

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