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(영문) 부산지방법원 2014.05.29 2014노21
도박
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant repents his mistake and reflects his behavior; (b) the defendant must support his wife and children; and (c) the fact that economic circumstances are not good.

However, the court below seems to have sentenced to a more reduced sentence than that of a summary order, taking full account of the circumstances favorable to the defendant, and there is no change of circumstances that may differ from the court below's sentence. The crime of this case was committed by the defendant by depositing about 114 million won over 5 months and depositing about 100 million won in a private sports venue, and the nature of the crime is not less less than that of the crime in light of the period and amount. The crime of gambling is serious social harm, such as promoting an excessive gambling spirit for the general public, leading to failure of home economy, and thus, it is necessary to do solemnly. In full view of all the factors such as the defendant's age, character and conduct, motive, means and method of the crime of this case, and the circumstances after the crime, etc., the sentence of the court below is deemed to be appropriate.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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