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(영문) 대전지방법원 2013.04.17 2012노2672
도박개장등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts (as of February 12, 2012, the part concerning the opening of gambling) (as of February 12, 2012, between Defendant A and Defendant A and Defendant A purchased private marina tickets from BV to May 10, 201; Defendant 30 million won of a fine for violation of the Korean Racing Association Act on September 15, 201, which became final and conclusive on this part of the facts charged, since Defendant A’s failure to provide the same guidance as to the recruitment of gambling visitors, the lower court convicted Defendant A of this part of the facts charged. However, the lower court erred by misapprehending the legal principles and thereby affecting the conclusion of the judgment. (ii) Defendant A purchased private horse tickets from BV to BV, from January 11, 2009 to May 10, 201, and the summary order became final and conclusive as of September 15, 201, since this part of the facts charged became final and conclusive.

3) The sentence imposed by the lower court of unreasonable sentencing (one year and six months of imprisonment, confiscation) is too unreasonable. B. In light of all the circumstances, including the fact that Defendant B merely served as the so-called “rogate” or that Defendant B is against the network, etc., the sentence imposed by the lower court (one year and six months of imprisonment, and one year and six months of confiscation) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court and the first instance court’s duly adopted and investigated the Defendant A’s assertion of mistake of facts, namely,: (a) S who served as a door room at the time of the instant crime, as the police investigation, was prush in the role of BW in the warehouse managing gambling and all things; (b) WW stated that the contact point of BW was No. BX; and (c) the police thereafter shows the Defendant A’s resident registration certificate photograph to S.

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