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(영문) 서울중앙지방법원 2017.02.09 2016노4598
도박장소개설
Text

All of the Prosecutor and the Defendants’ appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the Defendants (additional collection of KRW 1 year and KRW 43 million) is too uneasy and unreasonable.

B. The sentence imposed by the court below on the Defendants is too unreasonable.

2. In full view of all the circumstances, including the fact that the Defendants are both aware of the crimes and reflects on the fact that the appellate court deposited the amount equivalent to the surcharge, that the period of opening the gambling place of the Defendants was about one year and five months, that the Defendants leased several places of the military conference to avoid the crackdown, that the Defendants’ money paid to the Defendants reached approximately KRW 4.3 billion, that there are many participants in gambling; that the Defendants acquired profits; that the Defendants committed the instant crime during the suspension period of the execution of imprisonment with prison labor due to the opening of gambling; that Defendants A and C committed the instant crime during the suspension period of the execution after being punished for a suspended sentence of imprisonment with prison labor due to the act of opening gambling; and other various circumstances that form the conditions for the sentencing as recorded in the records and arguments, the lower court cannot be deemed to have been deemed to have been excessive or unfair since each sentence imposed on the Defendants was excessive (in the case of Defendant C, even if the entire amount of the surcharge was deposited in the appellate court, it is difficult to view that both parties’ assertion are unfair).

3. In conclusion, the prosecutor and the Defendants’ appeal are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since they are without merit. It is so decided as per Disposition.

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