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(영문) 부산지방법원 2013.09.26 2013노2236

도박개장

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Nos. 1 through 9, 17 through 17.

Reasons

1. The summary of the grounds for appeal argues that the court below sentenced the defendant to the punishment of imprisonment for eight months and confiscation, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.

2. The crime of this case is established and operated as a general restaurant in the form of "bar" in order to take part in the role of the defendant employed by the defendant with a sear and his employees, and to avoid the crackdown of the investigation agency, and the establishment and operation of a new type of gambling place which provides gambling facilities and exchange chips to an unspecified number of customers. The method and method of the crime are organized and planned. The operation of the above illegal gambling place is in need of strict punishment for the crime of this case in order to prevent the spread of the same or similar crime by promoting the general public's spirit of gambling and failure in home economy. In light of the circumstances such as the operation of the above illegal gambling place, it is necessary to strictly punish the person who committed the crime of this case who committed the crime of this case.

However, in addition to the punishment of a fine imposed on one occasion, the defendant, who has no record of punishment, shows an attitude of recognizing all the crimes of this case and against it. For the first time in the trial, the defendant reported the closure of business for the general restaurant operated as the gambling place of this case, the defendant's female-friendly U, who is a woman-friendly U, wishes to marry with the defendant when the defendant is alive, and the defendant's family and friendly relationship with the defendant want to be prevented from reoffending, and the defendant's family and friendly relationship want to be prevented from recidivism, and in full view of the defendant's age, environment, personality and conduct, the sentence of the court below that sentenced the defendant for eight months is somewhat unreasonable.

3. Accordingly, the defendant's appeal on the argument of unfair sentencing is accepted.