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(영문) 인천지방법원 2016.08.12 2016노2059

한국마사회법위반(도박개장등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison term of 10 months and confiscation) is too unreasonable.

2. Although each of the crimes of this case is favorable to the defendant, such as the fact that the defendant recognized his mistake and reflected against the defendant, each of the crimes of this case is not only opening a gambling place against the market merchants for profit-making purposes, but also operating the gambling place or gambling in person on the website of the illegal private horse, and there is a need for strict punishment due to severe social harm, such as that the gambling is strong and impeding the general public's sound labor awareness, and the degree of participation in each of the crimes of this case is considerably heavy, and the profits acquired through each of the crimes of this case seems to be significant. The defendant had the records of criminal punishment several times prior to the crime of this case, and there are other records of the defendant's age, sex, environment, motive, means and consequence of the crime, degree of participation in the crime, punishment among the accomplices, equity among the accomplices, and circumstances after the crime of this case, etc., the punishment imposed by the court below is too unfair, and it is not acknowledged that the punishment imposed by the defendant is too unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.