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(영문) 서울고등법원 2016.12.22 2016노2470
상습도박등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Habitual gambling, including misunderstanding of facts, was habitually gambling. The Defendant did not have committed so-called Hong Kong Game type gambling in which N and PP chips are calculated to Hong Kong dollars, and the Defendant did not have any habitle to gambling, and the Defendant is not recognized habitually. However, the lower court found the Defendant guilty of habitual gambling among the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B) The Defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is limited to the Defendant’s management.

(2) The court below found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) among the facts charged in this case, which is erroneous in the misapprehension of legal principles. 2) The sentencing of the court below is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. 1) Determination of the Defendant’s assertion of mistake of facts, etc. 1) Whether the Defendant gambling in Hong Kong games is gambling or not, the lower court also asserted the same purport as the assertion of mistake of facts, etc., and the lower court rejected the above assertion by making a detailed statement on its determination.

In light of the following circumstances, the judgment of the court below is justifiable, and the defendant's above assertion is without merit, in light of the circumstances revealed by the court below and the court below's duly adopted and examined evidence.

(1) From the investigative agency to the court of the court below, “N will be able to provide O with chip “rawing chip in a situation where chip is no longer provided by rolling chip any more due to its heavy burden of gambling from Mcar to the court of the court of the court below. At this time, N is limited to as the Defendant.

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