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(영문) 서울중앙지방법원 2013.07.18 2013노1705
도박개장
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of suspended execution in October, and confiscation) is too unreasonable.

B. The prosecutor's sentence sentenced by the court below to the defendants (two years of the suspended sentence in October, confiscation, and defendant B: imprisonment of six months, two years of the suspended sentence, confiscation, defendant C: imprisonment of four months, two years of the suspended sentence, confiscation, and defendant D: imprisonment of four months, two years of the suspended sentence, two years of the suspended sentence in April, and two years of the suspended sentence in April) is too unfford and unfair.

2. The crime of this case was committed on the part of the Defendants, etc., and the nature of the crime is inferior to that of the Defendants, and the opening period of gambling is relatively long to two months. Defendant A was punished by a fine of one million won for the crime of gambling on August 17, 2012. Defendant C also was punished by a fine of one million won for the crime of gambling on February 27, 2008. However, Defendant C was punished by a fine of five hundred thousand won for the crime of gambling. On the other hand, Defendants B, C, and D are merely aiding and abetting each of the crimes of this case, and Defendants B, C, and D are merely mere mere aiding and abetting crimes. Defendants’ size, frequency of the crime, the Defendants’ participation in the crime, the degree of the Defendants’ age, character, environment, motive, means and consequence of the crime, and the circumstances after the crime were committed, and thus, the court below’s assertion that the sentence of this case is unreasonable or unreasonable.

3. If so, the appeal against the defendants A and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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