(영문) 대전지방법원 2016.01.20 2015노3006 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전지방법원 2016.01.20 2015노3006

도박장소개설

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: Imprisonment with prison labor for one year and six months, confiscation, Defendant B: imprisonment with prison labor for one year, Defendant C: imprisonment with prison labor for one year, and confiscation) is too unreasonable.

2. Determination

A. The application of the sentencing guidelines for Defendant A [the scope of recommendation] establishment of a gambling place, etc. (one year to four years) [the special aggravated person] of the aggravated area (one year to four years] [the special aggravated person] of the crime committed systematically, the defendant appears to have an attitude of leading the crime of this case where the defendant led the crime of this case or plays a key role in leading or promoting the crime, and the defendant's family members are showing the intention to protect the defendant, etc. in favor of the defendant, while the defendant appears to play a leading role in the crime of gambling of this case, the size of the gambling of this case is small, and the defendant's records of punishment can be punished for the same kind of crime are disadvantageous to the defendant.

B. The following are the circumstances favorable to the Defendant: (a) Defendant B appears to have recognized all of the instant crimes; and (b) Defendant appears to have taken the position of reflecting the depth thereof; and (c) Defendant appears to have taken part in gambling.

On the other hand, the fact that the defendant has been punished several times due to the same crime, such as punishment, and that the defendant committed the crime of gambling in this case at the same time after the period of suspension of execution has expired due to the same crime, is disadvantageous to the defendant.

(c)

Defendant

C The Defendant appears to have a profound attitude to recognize all the crimes of this case and reflect in depth, and the fact that the Defendant appears to have a little amount of money in which the Defendant participated in gambling is favorable to the Defendant.

On the other hand, the criminal punishment of the defendant is several times.

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