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(영문) 수원지방법원 2015.12.22 2015노318

상습도박

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the defendant's grounds for appeal (unfair punishment) that the defendant reflects his fault, etc., the sentence of the court below that sentenced the defendant for six months of imprisonment is too unreasonable.

2. The crime of this case was committed by the Defendant with approximately KRW 10,000 in the Korea-Japan and approximately approximately 150 times in approximately 40,00 in total, which was called as “balone.” The degree of illegality is not small. The crime of gambling is likely to cause social harm, such as promoting excessive speculative spirit to the general public and leading to the failure of home economy, and thus, it is necessary to sufficiently diversify it. The Defendant may have the history of receiving criminal punishment, including criminal punishment, at Suwon District Court on December 13, 2013, who was sentenced two years of suspended sentence for four months as a crime of gambling opening at the Suwon District Court. The Defendant committed the crime of this case during the suspended execution period, taking into account the motive and background of the crime of this case, circumstances before and after the crime of this case, degree of damage, records, degree of damage, and other conditions of the Defendant’s character, conduct, etc. as indicated in the pleading, and thus, the Defendant’s allegation that the above punishment was unfair.

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