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(영문) 대구지방법원 2018.11.22 2018노3226
도박장소개설
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (Defendant A: Imprisonment with prison labor for one year and six months, and imprisonment with prison labor for the remaining Defendants) declared by the court below to the Defendants is too unreasonable.

2. Determination

A. The judgment of the court below 1) against Defendant A, the court below led Defendant A to the crime of opening gambling places in this case, including: (a) inviting the Defendant to participate in gambling and running gambling; (b) granting others such as B and D the role necessary for opening gambling; and (c) professional and organized methods of committing the crime; and (d) committing gambling crimes are likely to cause social harm by promoting speculative spirit and impairing sound labor awareness; (b) there is a significant need for severe punishment as to the crime of opening gambling places that attracts people and profits by providing opportunities for committing gambling; (c) the period and frequency of the crime; (d) the size of gambling boards; (e) the Defendant committed the crime of gambling and similar criminals; (e) the probation one time to commit the crime of opening gambling, the crime of opening gambling, and the crime of violating the Game Industry Promotion Act; and (e) the Defendant was sentenced to the above punishment in consideration of favorable circumstances, such as recognizing the Defendant’s mistake and against the Defendant.

2) As to Defendant B, the lower court: (a) took into account the following circumstances: (b) the Defendant, at the time of committing the act of opening the instant gambling place, was in charge of the so-called “fashion” where the Defendant collected and paid part of the money to the participants in gambling; (c) the degree of participation in the crime is relatively heavy; and (d) the social harm of the crime of gambling is significant; (b) there is a significant need for strict punishment as to the crime of opening the gambling place; (c) the period and frequency of the crime; (d) the amount of the commission of the crime; (e) the Defendant was considerably significant; and (e) the Defendant had the history of holding one time of suspended sentence for the same gambling crime; and (e) the Defendant had the history of punishment four times of fines for the same gambling crime; and (e) took account of favorable circumstances

3) The lower court against Defendant C.

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