(영문) 서울동부지방법원 2013.07.26 2013노696

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(영문) 서울동부지방법원 2013.07.26 2013노696

상습도박

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

provided that this ruling has become final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The Defendant’s crime of this case committed the following facts: (a) the crime of this case was committed by the Defendant: (b) the crime of this case was committed by changing the private gambling place illegally opened; and (c) the size of the money was habitually gambling leading to KRW KRW 100 million or KRW 200 million; (d) the crime of gambling was committed by destroying the sound moral sense about the economy and promoting speculation; (b) the Defendant appeared to have committed a large amount of money by taking account of the following circumstances: (c) the F that embezzled the company funds of a astronomical amount and having contributed to a large amount of money; (d) the Defendant was provided with funds; (e) there was no history of punishment for the same kind of crime prior to the instant case; (e) there was no history of punishment for the Defendant; and (e) the circumstances favorable to the Defendant by taking into account the motive and background leading up to the instant crime; (e) the background leading up to the crime; (e) the Defendant’s age before and after the crime; and (e) the Defendant’s occupation and conduct of the Defendant;

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 246 (2) and (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution: Article 62(1) of the Criminal Act ( considered as favorable circumstances in the foregoing) 1.

참조조문

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