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(영문) 수원지방법원 2013.12.26 2013노4201

상습도박

Text

The defendant's appeal is dismissed.

Reasons

1. Although the Defendant’s judgment on the Defendant’s assertion of unfair sentencing is against the recognition of and against the instant crime, the amount of money provided to the instant gambling is not much significant, and the Defendant is entitled to receive 5% of the money exchanged from the operator of the instant illegal game at commission. In addition, considering the Defendant’s age, criminal records, character and conduct, family environment, motive, circumstance, means, method and consequence leading to the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment (five million won of fine) cannot be deemed to be unfair, because it is too appropriate and too unreasonable.

2. 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.