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(영문) 대구지방법원 2016.05.12 2015노4861
도박장소개설
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

seizure.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment for Defendant A, one year of imprisonment for Defendant B, and one year of confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the Defendants and the Prosecutor’s respective arguments on sentencing.

A. Defendant A1) The lower court sentenced the Defendant to one year of imprisonment with prison labor for one year on July 22, 2010, who was sentenced to a suspended sentence, and was sentenced to a fine in violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. during the grace period, but again committed the instant crime, under the circumstances unfavorable to the Defendant, the Defendant committed the instant crime, and sentenced the Defendant to one year of imprisonment with prison labor in consideration of the circumstances favorable to the Defendant, such as the fact that the Defendant committed the instant crime, committed a mistake while committing the instant crime, committed a criminal offense, and did not have any criminal record.

2) The offense of opening gambling is highly harmful to society as it seriously infringes on the people’s sound labor concept and public morals and morals, and the Defendant has been sentenced to a fine of KRW 1 million due to the crime of gambling on November 14, 2008, and on July 22, 2010, three years of suspended sentence for one year, and on September 5, 2013, due to the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., and the fact that the Defendant has been sentenced to a fine of KRW 20 million due to the crime of gambling on July 22, 2010.

In addition, taking into account all the sentencing conditions on the records of the instant case, such as the size of the gambling board of this case or the degree of profit, Defendant’s age, sex, environment, family relation, motive or circumstance of the crime, means and consequence of the crime, and the circumstances after the crime. Considering the various sentencing circumstances as alleged by the Defendant, the lower court’s decision that selected the maximum sentence within the scope recommended by the sentencing guidelines of the Supreme Court sentencing committee is too heavy, as alleged by the Defendant.

shall not be determined.

However, the sentence of imprisonment with prison labor for one year is imposed to the court below for the selection of the maximum sentence as above.

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