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(영문) 서울중앙지방법원 2016.07.01 2016노1062
도박장소개설
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant 1’s deliberation (one year of imprisonment) is too unreasonable.

(b) the first deliberation sentence of the Prosecutor is too uneasible and unreasonable;

2. On the part of the Defendant and the Prosecutor’s argument, we can see it together.

The circumstances favorable to the defendant include the fact that the defendant is waiting for and against the crime of this case, and is supporting his family.

On the other hand, however, the crime of opening a gambling place was committed against the defendant, such as harming the will to work in a sound manner and promoting speculative spirit, and the defendant plays a leading role in the establishment of the gambling place of this case, such as attracting gambling workers, collecting money for gambling, and settling accounts, etc. The amount of money is large, and the defendant seems to have a large amount of profits acquired from the crime of this case, and the defendant has a history of having been punished by the suspension of the execution of imprisonment due to the crime of the same clan around 2010, which is disadvantageous to the defendant.

In addition to the above circumstances, in full view of the following: (a) there is no change in special circumstances or circumstances that may newly be considered in sentencing after the pronouncement of the first instance judgment; and (b) the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime; and (c) all of the sentencing conditions as shown in the records and theories of the instant case, such as the result of the crime, the circumstances after the crime, etc., the sentence of the first instance court is too heavy or unabrupted

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. If so, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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