(영문) 대전지방법원 2014.06.12 2014노872 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2014.06.12 2014노872

사행행위등규제및처벌특례법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below should be strictly punished for the defendant, considering the following: (a) the business of the illegal game room has caused severe social harm, such as causing home wave by having the general public fall into the suspicion of game; (b) there is a need to strictly punish the defendant as it is not easily eradicated despite continuous control; (c) the period and scale of operation of the game of this case two times; (d) the period and scale of operation of the game of this case are identical to that of the defendant; and (e) operating profits are also up to 4,875,500 won on the day immediately before the day of regulating the daily operating profits; (e) the defendant recognized the facts charged of this case; (d) the defendant was severely disabled; (e) the defendant was deprived of traffic accident in 197; (e) the state of health due to pressure, motive, etc.; (e) the defendant supported his children by negligence; and (e) the defendant's age, character, behavior, motive, means and result of the crime; and (e) the sentencing of the defendant is too unfair.

Therefore, the defendant's argument of unfair sentencing is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

【Reasons for the Judgment of multiple times】 The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as stated in the corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Crimes under Relevant Provisions and Special Cases concerning the Speculative Acts, etc. concerning the Selection of Punishment;

1. Suspension of execution;

참조조문

-사행행위 등 규제 및 처벌 특례법 제30조 제1항 제1호

-형법 제51조

-형사소송법 제364조 제6항

-형사소송법 제369조

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