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(영문) 서울중앙지방법원 2014.01.22 2013노3731
상습도박등
Text

The part of the judgment of the court of first instance against the defendant shall be reversed.

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

1. The summary of the grounds of appeal is unreasonable. 2. The judgment of the court of this case is the crime during the period of repeated crimes, and the size of gambling is not small, but there is no similar type of criminal power to the defendant, the defendant is in depth of his mistake, and the defendant's age, character and behavior, family character, the motive and circumstance of the crime, and various conditions of sentencing as shown in the argument of this case, such as the circumstances before and after the crime, are considered to be somewhat unreasonable.

3. According to the conclusion, since the appeal by the defendant is legitimate, the part against the defendant in the judgment of the first instance among the judgments pursuant to Article 364(6) of the Criminal Procedure Act shall be reversed, and the part shall be judged as follows only once after pleading.

The criminal facts and the summary of the evidence recognized by the court are the same as that of the defendant in the judgment of the court of first instance. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant laws and Articles 246(2) and 246(1) of the former Criminal Act (amended by Act No. 10259) (amended by Act No. 10259), and Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (amended by Act No. 490, Jan. 1, 355; Act No. 37, the former part of Article 38(1)2, and Article 50 of the same Act, which aggravated repeated crimes.

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