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(영문) 대전지방법원 2016.09.21 2016노1943
도박장소개설
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. It is recognized that there are favorable circumstances such as the Defendant’s view of all the instant crimes and the degree of participation in the entire crime is relatively insignificant compared to other accomplices.

However, the crime of this case is committed in a systematic and planned manner, and the nature of the crime is very bad, the establishment of the defendant's gambling place brings many people to gambling, the amount and frequency of gambling, the fact that gambling method is highly speculative, and the crime of opening gambling place is not less likely to cause harm and injury to society, such as inducing a public spirit of gambling, and undermining the desire to work. The defendant has the record of punishment for the same kind of crime, including punishment, and the defendant was a repeated period for the same crime even at the time of the crime of this case, and even at the time of the trial of the court below, it is reasonable to treat the defendant as punishment for the crime of this case.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that may otherwise determine the sentence and the lower court’s punishment as indicated in the records, such as the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable, considering that the Defendant was committed in the appellate trial and the Defendant was committed once.

3. In conclusion, 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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