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(영문) 광주지방법원 2020.04.14 2020노351
도박공간개설
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. A favorable circumstance is that the Defendant was the first offender and recognized the instant crime, and that the period during which the Defendant participated in the instant crime is not limited to about five months, and that the actual profit from the instant crime does not seem to exist.

On the other hand, the crime of this case is committed with the promotion of the general public's gambling spirit and has significant social harm and harm, and the defendant committed a systematic crime such as opening a gambling space in collusion with other accomplices, and the amount of the gambling is considerably large.

There are no special circumstances or changes in circumstances that may be newly considered by this court, and comprehensively taking account of the following: (a) the Defendant’s age, character and conduct, family relationship, circumstances after the commission of the crime, circumstances after the commission of the crime, equity with the Defendant (J and L) and various sentencing conditions shown in the records and arguments, such as equity, etc., the lower court’s punishment is too unreasonable.

Defendant’s assertion is not accepted.

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

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