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(영문) 전주지방법원 2018.01.12 2017노1578
도박
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant A (Defendant A) did not gambling at the time of the instant case, the lower court found Defendant A guilty of the facts charged in the instant case, which affected the conclusion of the judgment by mistake of fact.

2) The sentence of the lower court (an amount of KRW 2 million, confiscation), which is unfair in sentencing, is too unreasonable.

B. Defendant E’s punishment (a penalty of KRW 1.5 million, confiscation) of the lower court is too unreasonable.

2. Determination

A. Defendant A also argued the same purport in the lower court, and the lower court rejected the above assertion by stating in detail the judgment on the lower court’s “application of statutes” at the lower court’s bottom. In light of the records, the lower court’s judgment was examined in light of the records, and the R, which was arrested by the gambling of this case, was located in the police except AD which was later entered later.

In light of the fact that Defendant A was in possession of cash of KRW 846,00 at the time of arrest of a flagrant offender (No. 178 of the investigation record), Defendant A was in possession of KRW 846,00 (No. 16 of KRW 16,00,000 per day, KRW 4 of KRW 16,000 per day, KRW 1 of KRW 1,000 per day, and KRW 1 of KRW 1), which appears as gambling funds, and Defendant A was in possession of money. ③ Defendant A was in the process of getting up to the above place on the ground that “I want to look back to see any person and there was a smartphone while waiting to go up to AD.” However, the lower court’s determination that Defendant A did not have any reasonable explanation as to the above place. In so doing, the lower court did not err by misapprehending the legal principles on the grounds that Defendant A did not have any reasonable explanation.

Therefore, Defendant A’s assertion of mistake is without merit.

(b).

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