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(영문) 부산지방법원 2017.06.20 2017노1319
상습도박
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 5,000,000) is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case by the defendant, against the mistake, and the fact that the defendant is the first offender who has no record of criminal punishment.

However, the crime of this case was committed in a habitual manner over 2,166 times by the defendant's access to the site of illegal sports sports, and was habitually stuffed by 2,166 times. In light of the period and frequency of the crime, the liability for the crime is heavy, the gambling amount offered to the crime of this case is equivalent to 1.1 billion won, and the Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the judgment of sentencing, and there is no change in the conditions of sentencing compared to the first trial, and the first trial sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the recognized defendant do not fall under any special change in circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below, and it does not seem unfair if the defendant's punishment was equally taken into account all circumstances in the arguments of this case, such as the defendant's age, age, environment, etc.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “Habituality: In light of the following: (a) the method of each crime as indicated in the judgment; (b) the frequency of the crimes; and (c) the same type of crimes were repeated several times during a considerable period,” and the applicable column of the law is “the pertinent legal provisions and the choice of punishment for the crime of 1.0”.

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