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(영문) 대구지방법원 2019.11.22 2019노3730

도박공간개설

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The Defendants’ appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (one hundred months of imprisonment) is too unreasonable.

2. The facts that the Defendants led to the confession of all of the instant crimes are favorable to the Defendants, such as the fact that Defendant A was not healthy due to urology, etc., and Defendant B appears to be contradictory to the Defendants, such as paying a surcharge in accordance with the order of provisional payment of the surcharge by the lower court.

However, the establishment and operation of an illegal gambling site, such as the crime of this case, promoted an excessive speculative spirit and undermines the awareness of sound labor, which is highly harmful to society, and thus requires strict punishment because it has not been eradicated despite continuous control. The Defendants recruited members to participate directly in gambling as a "debrison" under the instructions of the operator of the gambling site. Although the Defendants do not directly participate in the establishment and operation of the gambling site, they cannot be deemed that the degree of the Defendants’ participation in the crime cannot be deemed to be negligible, and there is no special circumstance or change of circumstances that may be newly considered after the sentence of the lower judgment; the Defendants’ age, character and behavior, environment, motive, means and consequence of the crime of this case; the circumstances after the crime; and the criminal records and arguments of this case, such as criminal records and arguments, are considered as inappropriate. Therefore, all of the Defendants’ arguments are without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.