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(영문) 대구지방법원 2015.12.10 2015노3503
도박장소개설
Text

The judgment below

Among them, the part against Defendant U shall be reversed.

Defendant

U shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (in case of Defendant Q: 10 months of imprisonment and collection 1 million won of collection, Defendant S: 2 years of suspended execution, community service, 80 hours of probation and confiscation, Defendant T: imprisonment with prison labor for eight months and eight months, and one year of confiscation, Defendant U.S.) declared by the court below is too unreasonable.

2. Determination

A. The defendants recognized all the crimes of this case by the defendants to determine Q, S, and T, and the facts that they reflect their mistakes are favorable to each of the defendants.

On the other hand, gambling crimes are highly harmful to society, such as promoting an excessive gambling spirit for the general public and neglecting the home economy, and among them, gambling is required to be strictly punished in light of the nature of the crime in light of the nature of the establishment of the gambling place in this case, the nature of the crime in the case of Defendant S and T, and the history of punishment several times for the same crime in the case of Defendant S and T, and in particular, Defendant T again committed the crime in this case during the period of repeated crime, which is disadvantageous to each of the Defendants.

In light of the aforementioned circumstances and the degree of participation in the commission of the crime, and other circumstances, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, etc., it does not seem that the lower court’s respective punishment imposed on the Defendants is too unreasonable.

B. The fact that the defendant's judgment against U as to the defendant was sentenced to criminal punishment for the same kind of crime and that there are many criminal records are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects his mistake, and that the victim does not want the punishment by agreement with the victim is favorable to the defendant.

The above circumstances are as follows.

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