beta
(영문) 울산지방법원 2016.08.26 2016노895

도박개장

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant recognized his mistake and reflected his mistake, and the period of the crime in this case is not a relatively long period of two months, and the profits earned from the crime in this case are not likely to result in a large amount of profits.

The fact that the family members want to take the action against the defendant is normal in favor of the defendant.

However, the crime of this case was committed by the Defendant by leasing an office in which CCTV was installed and installing various facilities necessary for gambling, and then opening and operating gambling and raising 5% of the money through his accomplice D. The act of this case was committed only once of gambling with a maximum of 10 million won. In addition, in light of the size of the crime, method, behavior attitude, etc. of the crime, such as requesting the accomplice to actively participate in gambling, it is very poor that the crime was committed; the crime of gambling opened was committed by many people who are likely to commit gambling; the crime of gambling is socially malicious; it is necessary to punish them strictly because it is likely that the crime of this case was committed by the Defendant because of its social disorder, such as encouragement of an excessive gambling spirit, failure in home economy, etc.; the crime of gambling and gambling committed by the Defendant, other than the crime of gambling and gambling by changing the age of gambling for a long time, it appears that the Defendant first committed the crime of this case to be punished by the Act of this case, including the following circumstances: the Defendant’s imprisonment of gambling and gambling, etc.