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(영문) 의정부지방법원 2013.05.31 2013노55

도박개장

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (for the defendant, a fine of three million won per each) is too uneased and unfair.

2. It appears that the Defendants had been able to open gambling for a certain period prior to the detection of the instant crime. The establishment of gambling places, such as the instant crime, etc., is likely to cause excessive gambling spirit to the general public, thereby undermining social harm and harm, such as undermining sound work awareness, which are disadvantageous to the Defendants.

However, in full view of the facts that the Defendants did not have the same criminal history, and all the defendants recognized the crimes in the court and divided their errors, and in full view of all the sentencing factors indicated in the arguments in the instant case, such as the Defendants’ age, character and conduct, environment, family relationship, motive and circumstance of the crimes, the means and consequence of the crimes, etc., the sentence of the court below is too uneasible and unreasonable. Thus, the prosecutor’s allegation in the grounds for appeal is without merit.

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