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(영문) 인천지방법원 2015.11.06 2015노836

도박

Text

Defendant

All A’s appeal and prosecutor’s appeal against DefendantO are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) Since the Defendant was only the victim of a fraudulent gambling on December 2, 2012 and December 7, 2012, 2012, Defendant cannot be deemed to have had the chance to commit the said temporary gambling. (ii) The punishment (two million won of a fine) imposed by the lower court against the Defendant is too unreasonable.

B. On December 29, 2012, the prosecutor (with respect to DefendantO) served as co-defendant A, E, F, H, etc. on gambling, and even if the instant gambling is not recognized, it constitutes a crime of fraud since the Defendant participated in the crime of fraud.

2. Determination on Defendant A’s grounds for appeal

A. The lower court acknowledged the following facts based on the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, namely, ① the Defendant also recognized the gambling of a marbation with E, F, etc. around December 29, 2012; ② the gambling of a marbation called “bine” with B, J, K, and L around the same month; ② the marbation of a marcation appears to have determined the acquisition and loss of property by the marcation of the method; ③ the Defendant, along with R, etc., was a person who was the marcation of gambling around December 29, 2012 from E, F,O, and B to the effect that the marcation was a marcation of gambling; on the other hand, the Defendant prepared the marcation of the marcation and the marcation of the marcation of the marcation of the marcation and the marcation of Incheon.

Therefore, it is true.