beta
(영문) 서울중앙지방법원 2014.09.18 2014노1769

도박장소개설

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 50,000 won, and a fine of 300,000 won.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) No one had opened gambling houses for profit at the time and place recorded in the facts charged of this case by mistake of facts.

(2) The sentence (two million won of fine and confiscation) imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

B. Defendant B (1) did not engage in a misunderstanding of facts or misapprehension of legal principles at the time and place specified in the facts charged in the instant case, and Defendant B (1) was frightened in the Defendants’ house.

Even if this is a temporary entertainment.

(2) The sentence (one million won of fine and confiscation) sentenced by the court below on unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to Defendant A’s assertion of misunderstanding of facts, ① Defendant A kept a Mab and Mabet box at his place of residence on October 15, 2013, and was paid 10,000 won per capita from those who engage in Mabry, etc. under the name, such as the fixed value per capita. ② E, H, and F have finished work at the court of the lower court’s house, which was the first day, and were written by the first day, and only 4.81,00 won for the first day, and 50,000 won for the first time (48,100 won for each 1,000 won for each 605,000 won for G, and 100,000 won for each 1,000 won for a summary order (57,100,000 won for each 60,000 won for each 1,7080,000 won for each Ma160,7000.