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(영문) 부산지방법원 2016.12.22 2016노3635
도박장소개설
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the respective punishment of the court below (the imprisonment of 10 months for each of the defendants A and B, the additional collection, and the fine of 2 million won for each of the defendants G) is too unreasonable.

2. The judgment of the Defendants shows an attitude against the Defendants to recognize the instant crime, and Defendant G’s act as a part of withstanding in the gambling place, and the degree of participation is weak, and the duration of participation is also not long, and both Defendants were subject to criminal punishment for the same kind of crime, and Defendant G is an initial criminal without any criminal force.

However, the Defendants’ crime of this case was established for profit-making purposes and has great social harm, such as undermining the citizens’ desire to work in good faith and promoting speculative spirit, and Defendant A and B, as the operator of each gambling place, are in heavy degree of participation as the operator of each gambling place, transfer the place over several times, and opening the gambling place, and the nature of the crime is also bad. The lower court appears to have determined the punishment by fully taking into account the circumstances favorable to the above Defendants. The lower court determined the punishment by taking into account the following facts: (a) there is no change of circumstances that may be considered in sentencing after the sentence of the lower judgment; and (b) taking into account all the sentencing conditions indicated in the records and arguments of this case, such as the Defendants’ age, character and behavior, environment, motive and background of the crime, period of participation in the crime and profit-making; and (c)

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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