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(영문) 광주지방법원 2015.10.07 2015노1990

상습도박

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, 8 months of imprisonment, confiscation, defendant D: imprisonment with prison labor for 6 months, confiscation) of the lower court is too unreasonable.

2. Although there are circumstances such as the defendants' acknowledgement of their mistakes and rebuttals, the crime of gambling is highly likely to cause social harm and injury, such as encouraging the general public to commit an excessive gambling and failure in home economy, and thus, it is necessary to do so. The defendants led the act of gambling in this case; Defendant A is a repeated crime period; Defendant A has the record of being punished as a fine for the same kind of gambling crime; Defendant D is not only poor circumstances after the crime was committed but also gambling again without being tried, and it cannot be deemed that the additional gambling has the record of punishment four times for the same gambling crime; and there are other records of punishment four times for the same gambling crime; the circumstances after the crime was committed; the defendants' age, character and behavior, environment, etc.; thus, the above defendants' assertion is not reasonable since the court below's punishment against the defendants is too inappropriate.

3. In conclusion, since all of the defendants' appeals are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.