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(영문) 대전지방법원 2013.12.31 2013노2288

도박개장

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of five million won imposed by the court below is too unfilled and unreasonable.

2. The judgment of the court below is based on the following facts: the crime of this case was committed by introducing the defendant to the casino of the Philippines for gambling and receiving the price from the casino. The defendant's introduction of the defendant shows that the total amount of gambling money of about 300 million won is more than 300 million won, and thus, the defendant's interest can also be seen as considerable. However, it is difficult to view that the defendant led to opening the gambling place, but it is difficult to say that the defendant, using the casino already legally operated, was going to commit the crime by soliciting with the related parties in his name in a manner that he does not involve the act of deception itself; the defendant did not have the same criminal records; the defendant does not have the same criminal records; the defendant does not go against and does not repeat the crime; the defendant's age, character and behavior, environment, motive, means and result of the crime of this case; and the records and arguments of this case, such as the following circumstances, are considered in light of the sentencing conditions of the court below's judgment, and the prosecutor's assertion is not justified.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.