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(영문) 광주지방법원 2015.09.09 2015노1787

도박공간개설등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, six months of additional collection, 68 million won) is too unreasonable.

2. It is recognized that the circumstances such as the recognition of his mistake and reflection of his mistake, and the fact that the defendant is currently suffering from severe depression.

On the other hand, the crime of gambling opening places is an act that encourages gambling that causes harm to the sound labor concept and the public morals and customs of society by opening a gambling place for the purpose of gaining illegal property gains, and thus, it should be punished strictly. Furthermore, the Internet gambling is more likely to cause harm because it can be easily accessible to the general public and has high spreading power. The amount of profit actually acquired by the defendant is considerably large, the defendant has a history of being punished once as a crime of habitual gambling, and other various sentencing conditions shown in the argument of this case, such as the background of the crime of this case, circumstances after the crime, the defendant's age, character and conduct, environment, etc., are not recognized as being too unreasonable, and the defendant's above assertion is not justified.

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