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(영문) 대구지방법원 2020.04.07 2019노5105

도박공간개설

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for ten months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The grounds for appeal (unfair sentencing) that the court below sentenced on the Defendants (the defendant A: imprisonment of 10 months, additional collection of 66,95,00 won, Defendant B’s imprisonment of 10 months, additional collection of 29,843,50 won) are too unreasonable.

2. It is true that there is a need to strictly punish the Defendants considering the fact that the establishment and operation of illegal gambling sites causes a great social harm, such as promoting the gambling spirit of the people and undermining the awareness of sound labor, and that the period during which the Defendants participated in the crime or received profits.

However, considering the following circumstances, comprehensively taking into account the Defendants’ age, character and conduct, environment, family relationship, motive and background of the crime, and the conditions of sentencing as shown in the instant pleadings, each sentence of the lower court, which sentenced the Defendants to imprisonment, is deemed unfair.

The position of the Defendants in the instant gambling site was in charge of soliciting M as L, and the number of Defendants recruited M is three, respectively, and in addition to granting the code by soliciting M, the Defendants did not play a role in operating the instant gambling site and managing funds, and the Defendants did not know it well.

Even though the Defendants cannot be legally liable for the crime as accomplices with respect to the degree of astronomical scale stated in the instant criminal facts, the amount is deemed to be the total sum of the money for the entire gambling site of the instant case during the period during which the Defendants served as L, and there is no circumstance that the Defendants directly participated in the entire amount.

Defendant

A has no record of crime except for a fine imposed on each of the offenses committed in 2003 and 2009, and Defendant B has no record of crime.

Defendants shall be subject to investigation by an investigative agency.