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(영문) 울산지방법원 2020.11.13 2020노692
도박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant's act of mistake of facts and misapprehension of legal principles merely constitute a temporary entertainment, there is an error of misunderstanding of facts and misapprehension of legal principles in recognizing it.

B. The sentence imposed by the court below on the defendant (the fine of 500,000 won) is too unreasonable.

2. The lower court’s determination on the assertion of mistake of facts and misapprehension of legal doctrine is merely a temporary entertainment in light of all the circumstances, such as the developments and attitudes of the instant gambling, the relationship with the participants, and the Intervenor’s gambling power, which are revealed by the evidence duly adopted and investigated as indicated in its reasoning.

The court held that it cannot be viewed as a legitimate act under social norms.

Examining the above evidence after comparing it with the records of this case, the judgment of the court below which held that the defendant's act can be held liable for gambling because he did not constitute a temporary entertainment or a legitimate act under social norms is just and there is no error of law by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment

Therefore, this part of the defendant's argument is without merit.

3. Determination on the assertion of unfair sentencing is a favorable circumstance to the defendant, such as whether there are some circumstances to consider the defendant’s living environment.

On the other hand, however, the fact that the defendant went to the crime of this case even though he had the punishment power for the same criminal act, seems to have not shown any opening, etc. is unfavorable to the defendant. Considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime of this case and all of the sentencing factors in the process of pleading, such as the records of this case and the circumstances after the crime, the court below's punishment is too unreasonable.

Therefore, this part of the defendant's argument is without merit.

4. Thus, the defendant's appeal is without merit.

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