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(영문) 광주지방법원 2017.05.11 2017노1031
도박장소개설
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the defendant A is sentenced to two years of imprisonment for the defendant, the defendant B and C are sentenced to one year of imprisonment for each of them) is too unreasonable.

2. Determination

A. The fact that Defendant A recognized Defendant A’s mistake and reflected against Defendant A is favorable to the Defendant.

However, considering the fact that the defendant has been punished three times for the same crime, the size of the gambling site of this case is significant, and other circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, and circumstances after the crime, the court below's punishment against the defendant is too unreasonable, and thus, the defendant A's assertion is not acceptable.

B. Defendants B, C, and C recognize their errors and reflects them, the circumstances favorable to the above Defendants are favorable to them.

However, the above Defendants had the record of punishment for gambling-related crimes, and the record of crimes exceeding the fine is more than twice (Defendant B and Defendant C are more than four times), and the size of the gambling site of this case is considerable, and other circumstances shown in the pleadings of this case, such as the age, sex, environment, motive and consequence of the crime, etc., are equally taken into account, the lower court’s punishment against the above Defendants is too excessive and it is not deemed unfair, and thus, Defendant B and C’s assertion is not acceptable.

3. The Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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