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(영문) 인천지방법원 2013.03.29 2012노2765

도박

Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendants is too unreasonable.

2. The Defendants recognized the instant crime and reflected their mistakes, etc. are favorable to the Defendants.

However, Defendant A had been sentenced to suspended sentence due to the crime of habitual gambling, and Defendant B also had been punished twice due to the crime of gambling, etc., and again again, the crime of gambling in this case is committed; the type, time and frequency of the gambling in this case; especially the whole amount of the property generated from the crime of gambling in this case is not small to KRW 10 million; and other factors of sentencing as shown in the records and arguments, including the Defendants’ age, family environment, and circumstances before and after the crime, etc., the sentence of the lower court against the Defendants is too unreasonable.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.