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(영문) 창원지방법원 2021.01.14 2020노2311
사행행위등규제및처벌특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the summary of the reasons for appeal (the imprisonment of 8 months and the fine of 3 million won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the determination of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized and against the instant crime.

The defendant seems to have no profit from the crime of this case.

The defendant supports three young children.

However, despite the fact that the defendant had been punished several times for the same crime, he committed the crime of this case.

The amount of operating funds of the gambling room operated by the defendant as accomplices reaches about KRW 360 million, and the defendant himself gambling about KRW 14 million with the money.

The Defendant played a role in betting the betting by using a computer in the gambling place, which is a "mball" offline, and seems to have recommended B, an accomplice, to participate in the instant crime.

In addition, comprehensively taking into account various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the crime, and consequences, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too heavy to the extent of reasonable discretion.

shall not be deemed to exist.

The defendant's argument of sentencing is without merit.

3. 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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