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(영문) 서울동부지방법원 2015.02.12 2014노1790

도박개장

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The grounds of appeal by the Defendants 1) Taking into account the following circumstances: (a) Defendant A both recognized the crime of this case; (b) Defendant A was under detention for not less than three months; and (c) Defendant A was under custody for not less than three months; (d) Defendant was faced with managerial difficulties and economic difficulties due to the operation of restaurant and PC; and (e) Defendant B was under custody for the children of both wife and 1 South and North Korea; (b) Defendant B’s punishment (one year of imprisonment, Nos. 1 and Nos. 1 and 12) declared by the lower court is too unreasonable; (c) Defendant B is against and following the crime of this case; (d) Defendant B was under custody; (e) Defendant B is financially and economically difficult to support a single person’s old age; and (e) Defendant B becomes a wife where it is difficult to work by entering a casino business.

B. The grounds for appeal by the prosecutor (defendant A) is that the crime of this case was committed in a planned and organized manner under systematic division of roles, and the nature of the crime is extremely poor because it is determined that the profit therefrom is considerable. Although the defendant A had the record of being sentenced to suspended sentence due to the same kind of crime, he again committed the crime of this case despite the fact that the defendant A had already been sentenced to suspended sentence due to the same kind of crime, and it does not seem to seriously reflect the balance of the gambling fund during the police investigation, such as making a false statement as a single reburial to conceal the crime of accomplices in this case, and transferring the balance of the gambling fund to other persons. Thus, the punishment sentenced by the court below is unreasonable.

2. Determination

A. The fact that Defendant A committed the instant crime is planned and organized, and that the nature of the instant crime is very very rough and bad, and that the Defendant had already been sentenced to suspended execution due to the crime of gambling opening, but, even though he had already been sentenced to suspended execution, etc., led to the instant crime, is disadvantageous to sentencing.