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(영문) 대전지방법원 2015.09.23 2015노2082

도박장소개설

Text

Defendant

All appeals filed by C and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C’s imprisonment (one year and four months of imprisonment, and confiscation) imposed by the lower court on the Defendant is too unreasonable.

B. The lower court’s sentence (a fine of KRW 10,00,000, and confiscation) imposed on Defendant E is too uneased and unreasonable.

2. Determination

A. As to the grounds for appeal by Defendant C, the Defendant appears to have committed the instant crime, and the Defendant appears to have participated in the instant crime due to economic difficulties after being released, and the circumstance where the Defendant should care for the aged parents is favorable to the Defendant.

On the other hand, the crime of this case is established by inviting people from a large number of thousands systematically to establish a large-scale gambling, and the nature of the crime is very poor in light of the organized and planned criminal law. The crime like the gambling opening of this case requires strict punishment due to the crime that undermines the general public's awareness of sound labor that impedes the gambling spirit; the defendant committed the crime of this case again during the repeated crime period due to the same crime; the defendant was committing a repeated crime due to the same crime; the defendant was able to engage in a large-scale tent and control of the vehicle's entry, and it is difficult to view that the degree of participation is minor.

In full view of the above circumstances and other circumstances, such as the circumstances after the instant crime, age, character and conduct, family relationship, environment, occupation, etc., which are conditions for sentencing as shown in the records and pleadings, there is no change of circumstances that can determine the sentence different from the original judgment, the sentence imposed by the lower court cannot be deemed unfair since the sentence imposed by the Defendant is unlimited. Thus, the Defendant’

B. The instant crime, based on the Prosecutor’s grounds for appeal, is established by inviting people who are organized up to a hundred thousand persons.