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(영문) 대구지방법원 2017.02.03 2016노4873
사행행위등규제및처벌특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (2.5 million won) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the defendant's mistake is divided, there is no record of punishment for the same kind of crime, and that the punishment should be imposed in consideration of the equity between the judgment and the case where each of the crimes of this case is judged simultaneously.

However, as in the instant case, it is necessary to strictly punish the act of running an illegal gambling game, as it is serious social harm, such as encouraging a speculative spirit among the general public and hindering sound sense of labor, and thus, it is necessary to severely punish the Defendant. The Defendant has been punished for violent crimes, etc.; the Defendant has been punished for a suspended sentence; the lower court determined the punishment by lowering the amount of the fine specified in the summary order; there is no change of circumstances that may vary between the lower court and the punishment; the size and the period of the game of this case; the Defendant’s age, the period of business, the Defendant’s age, the environment, the motive, means and consequence of each of the instant crimes; and the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is unfair because it is too excessive, considering all of the sentencing conditions specified in the instant pleadings,

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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