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(영문) 서울중앙지방법원 2013.05.16 2013노550
도박
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the lower court (the fine of KRW 1.5 million, the fine of KRW 1.5 million, the fine of KRW 1 million, and the fine of KRW 1.5 million) is too unreasonable.

2. Although there is room for sufficiently considering the fact that the defendants' mistake is recognized, the crimes of this case by the defendants are likely to be seriously punished with high social harm, such as promoting a speculative spirit of ordinary people and hindering sound work awareness, etc. The crimes of this case by the defendants are necessary to be strictly punished. Defendant C not only gambling but also gambling with certain consideration from the remaining defendants in return for lending a place for gambling, and the quality of the crimes is not greater in that they have been committed in that they have been committed. Defendant A committed the crimes of this case in the same manner, even though there are two times of suspended sentence, fine two times, and fine two times for the same crime, and Defendant B committed each of the crimes of this case, taking into account the overall circumstances of the defendants, the court below appears to have determined each punishment against the defendants. The court below did not have any special relation or change of circumstances to be newly considered in the trial, and considering all circumstances that are the conditions for sentencing in this case, such as the age, character and behavior of the defendants, home environment, motive, means and consequence of the crime, etc.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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