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(영문) 대구지방법원 2015.08.21 2015노2177
도박공간개설등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The sentence of one year and two months of imprisonment sentenced by the court below is too unreasonable.

2. In light of the fact that the Defendant recognized all the facts charged of this case and reflects in depth, that the Defendant agreed with the victim C, that the Defendant did not have any other criminal record except once a fine, that the actual amount of profit that the Defendant acquired by the crime of this case seems to have been increased, that the Defendant was living in prison for about seven months in this case, and that the Defendant was living in prison for about seven months in this case, and other conditions of sentencing specified in the records and arguments, such as the Defendant’s age, character and behavior, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is reasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 247 of the Criminal Act, Articles 247 and 30 of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (the acquisition of a means of access), Articles 2(2) and 2(1)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act, Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Punishment of Violences, etc. Act, Articles 6, 2(2), and 2(1)3 of the Criminal Act, Article 257(1) of the Criminal Act, Article 6 of the Punishment of Violences, etc. Act, Article 2(2), and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the receipt of a means of access), each sentence of imprisonment with prison labor;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

3. Article 62 (1) of the Criminal Act;

4. Social service order under Article 62-2 of the Criminal Act;

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