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(영문) 제주지방법원 2014.09.18 2014노383
도박개장
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment and confiscation) of the lower court is too unreasonable.

2. Although the Defendant appears to be aged 71 and has a good health, the act of opening a gambling house like the instant crime requires a strict punishment of social harm, such as promoting an excessive speculative spirit, impairing the awareness of sound labor, and impairing the home economy, etc. In collusion with C, etc., the Defendant played a leading role in attracting more than 30 gambling participants and taking the gate to use as a gambling house. The number of gambling participants and the size of money, etc. are significant; the number of gambling participants and the amount of money was punished several times for the same type of crimes; the Defendant’s age, character, family environment, the circumstances before and after the instant crime, etc., taking into account the sentencing conditions as indicated in the instant argument, even if the grounds for sentencing asserted by the Defendant were to be considered, it cannot be viewed that the sentence of the lower court is unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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