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(영문) 광주지방법원 2014.05.15 2014노152

한국마사회법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below seems to have recognized the defendant's mistake and against the defendant, and it seems that the actual gains from the crime of this case are relatively low or insufficient. However, the act of opening a private horse race track like the crime of this case and encouraging horse gambling such as the crime of this case requires strict punishment of social harm, such as undermining the general public's sound labor awareness. The defendant again committed the crime of this case during the period of probation before he was sentenced to 2 years of probation on May 2013 due to the crime of opening a gambling, which was sentenced to 6 months of probation and 2 months of the final judgment, before the day when the judgment became final and conclusive, prior to the expiration of 2 months from the day when the judgment became final and conclusive, the defendant confirmed the person through CCTV, and it appears that he would have systematically opened the gambling in such a way that he can be allowed to enter the gambling, and thus, the nature of the crime, such as age, character and behavior of the defendant, the background and result of the crime of this case, and the circumstances after the crime, are not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.