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(영문) 광주지방법원 2018.09.11 2018노2093
도박장소개설
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (i) the lower court’s punishment (i.e., imprisonment for 10 months, 2 years of suspended sentence, 10 million won of fine, 2 years of suspended sentence, 3 million won of fine, 6 million won of fine, 3 years of imprisonment for 1 year, and 4 million won of fine) is too unreasonable.

2. The rationale behind the Defendants’ acknowledgement of and opposition to the instant crime is favorable.

However, Defendant A had several criminal records related to the same gambling and illegal game room business, and Defendant B had several criminal records related to the same gambling, and Defendant C had two criminal records related to gambling, such as aiding and abetting the opening of the same gambling place, gambling, and opening of the gambling place. Moreover, Defendant C committed the instant crime again because it has not been long to have become final and conclusive for the crime of opening the gambling place and the crime of habitual gambling, and Defendant A played a key role in the crime of opening the gambling place, and Defendant C also did not have any minor degree of participation in the crime of opening the gambling place.

There is no special relationship or change of circumstances that can be newly considered in the trial of the party, and in full view of the records of this case and various sentencing conditions as shown in the arguments, such as the age, sex, family relation, circumstances of the crime, the degree of participation in the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable.

The Defendants’ assertion is not accepted.

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

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