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(영문) 서울중앙지방법원 2016.06.24 2016노127
도박장소개설
Text

Of the judgment of the first instance, the part on Defendant CL is reversed.

Defendant

CL shall be punished by imprisonment with prison labor for not more than eight months.

Defendant

BZ.

Reasons

1. Summary of grounds for appeal;

A. The first deliberation penalty of Defendant B (one year and eight months of imprisonment) is too unreasonable.

B. Defendant CL 1) In the facts charged in this case, the first instance court found Defendant 1 guilty of this part of the charges, which was erroneous in the misapprehension of the legal principles and affected the conclusion of the judgment by misapprehending the legal principles. The first instance court erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B) Of the facts charged in the instant case, the first instance court found the Defendant guilty of this part of the facts charged, even though the said part was merely by demanding for repayment of the damages caused by the gambling and sloping of the Defendant’s BZ, and did not have been caused by the creation of a wall for the gambling of the Defendant CL. The first instance court erred by misapprehending the facts concerning habituality and by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2) The first deliberation punishment (one year and six months of imprisonment) of the unfair sentencing is too unreasonable.

2. As to the grounds for appeal of the Defendant BZ, the Defendant BZ voluntarily surrendered to the investigative agency; the time of committing the instant crime; the Defendant BZ has no record of being punished for the crime of opening an gambling place; and the support of his family is favorable to the said Defendant.

On the other hand, however, the crime of opening a gambling place is serious social prejudice, such as harming the desire to work in a sound manner and promoting speculative spirit, and the defendant BZ takes the leading role in the establishment of the gambling place in this case, such as attracting gambling workers to the original level, collecting money for gambling, and settling accounts, and the amount of the gambling money is large, and the profits that the above defendant acquired by the crime in this case seems to be considerable, are disadvantageous to the above defendant.

In addition to the above circumstances:

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