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(영문) 서울서부지방법원 2014.02.06 2013노1253

도박개장

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (six months of imprisonment) is too unreasonable.

Judgment

In light of the fact that the crime of this case was committed in a systematic and planned manner through the change of a place by employing a stormer, a person in charge of the kitchen, and a door room, etc., and the nature of the crime is not good, and the crime related to gambling in which property is acquired without due labor is detrimental to the people's sound sense of work and the public morals and customs of society, it is necessary to strictly punish the defendant.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, motive and background of the instant crime, the frequency and duration of the instant gambling opening, and the size of the printing money, etc., the lower court’s punishment against the Defendant is somewhat unreasonable and unreasonable, and thus, the Defendant’s assertion of unfair sentencing is reasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 247 of the Criminal Act applicable to the crimes and Article 247 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances by examining the grounds for reversal of the above judgment);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;