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(영문) 울산지방법원 2018.01.09 2017노1245 (1)
도박장소개설등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (the imprisonment of six months and the fine of two million won) against the defendant on the summary of the reasons for appeal is too unreasonable.

2. The judgment was based on the following facts: (a) the Defendant operated a gambling house or stuffed himself in accordance with the direction or solicitation of the boome of gambling money; (b) there are some circumstances to take into account the background leading up to the participation in the crime; (c) the period of the crime, such as opening a gambling place, was relatively long; (d) the Defendant’s information that there was no profit gained by the Defendant; (c) the Defendant could have started an investigation into the instant case; (d) the Defendant informed and actively cooperated with other gambling cases; (e) the Defendant was aware of his mistake as well as other gambling cases; and (e) the Defendant was able to recognize his behavior and reflect his depth; and (e) the family and his figures want to leave the Defendant’s preference.

However, the defendant, as so-called "the head of a warehouse," managed the operation of the opening of this case and directly stuffed or stuffed with gambling fees, etc., with significant degree of participation in each of the crimes of this case, and the defendant has committed five criminal records of the same kind, including one suspended execution, and committed a second offense during the period of a repeated crime of this case, and there are unfavorable circumstances against the defendant, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the court below, etc., taking into account all the sentencing conditions in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and changes in circumstances after the sentence of the court below, the sentence of the court below cannot be deemed to be unfair

Therefore, the defendant's above assertion is without merit.

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.

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