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(영문) 대구지방법원 2016.04.22 2014노4083

도박

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (a fine of KRW 700,000) is too unreasonable.

2. The judgment of the court below under favorable circumstances such as the defendants' confessions all of the crimes of this case and the fact that gambling is not large in size. However, gambling is an act detrimental to the sound economic concept by acquiring property without lawful labor, and thus, it is necessary to eradicate it. Defendant B had the record of being sentenced to a fine due to the same kind of crime. Defendant C had the record of being sentenced to a fine due to the same crime; Defendant C already committed the crime of this case despite the record of being sentenced to the suspension of indictment; the court below reduced the fine imposed by the summary order in consideration of the above favorable circumstances of the defendants; the court below did not show any change of circumstances that could change the punishment prescribed by the court below; the defendants' age, sex, environment, and the motive, method and consequence leading to the crime of this case; and all the sentencing conditions shown in the records of this case and the changed theory, such as the circumstances after the crime, etc., the court below's respective punishment imposed on the defendants cannot be deemed unfair. Thus, the defendants' assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.