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(영문) 수원지방법원 2014.03.13 2013노6102
도박개장등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months and the fine of two million won) is too unreasonable.

2. The crime of gambling opening of this case is deemed to have committed a systematic and planned act by employing a recruitment book, sea-straw, door door, etc. as a general responsibility. The nature of the crime is not good. The crime related to gambling that acquires property without lawful labor is highly harmful to society, such as promoting the speculative spirit of the people and hindering sound labor, and in particular, it is highly necessary to punish gambling openings more strictly. The defendant committed the crime of gambling of this case even though he had the record of being punished by a fine for three times due to gambling. The defendant committed the crime of gambling of this case, even though he had the record of being punished by a fine for three times due to gambling, it is difficult to view that the court below’s excessive punishment is unfair by examining the sentencing conditions as shown in the records and arguments of this case, such as the size of the crime of this case, equity of punishment with accomplices, the defendant’s age, character and conduct, environment, and motive and circumstances leading to the crime of this case

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

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