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(영문) 울산지방법원 2016.01.15 2015노1036
도박개장등
Text

All appeals filed against Defendant A by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment with prison labor for 10 months and fine for 2 million won, Defendant C: fine for 2 million won) declared by the court below to the Defendants is too unreasonable.

B. The sentence imposed by the court below to Defendant A is too unfasible and unfair.

2. Determination

A. We also examine the grounds for appeal by the Defendant and the Prosecutor regarding the wrongful determination of sentencing by Defendant A and the Prosecutor.

All of the crimes of this case are recognized and reflected by the defendant, and the defendant has no record of punishment for the same crime, and there is a mother and spouse who support the defendant, etc. are favorable to the defendant.

However, each of the crimes of this case is a serious crime of social harm, such as promoting an excessive gambling spirit for the general public and overcoming the home economy, and thus, it is necessary to strictly punish the defendant, among them, because the crime of gambling is highly harmful to the general public, such as encouraging a large number of persons opening gambling in gambling to go away from the swamp of gambling addiction. It appears that the 10 persons gathering more than five hours in the gambling place of this case and making efforts to recover the damage of the crime of fraud by deceiving the damaged company without any intention or ability to repay the loan. The fact that each of the crimes of this case was made one time other than the crime of fraud and the fact that the defendant did not make efforts to recover the damage of the crime of fraud until the judgment of the court of first instance.

The above-mentioned favorable circumstances and unfavorable circumstances, and other records and trial process, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.

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