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(영문) 울산지방법원 2019.01.11 2018노1156
도박장소개설
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant was committed in a relatively clear manner: (b) the fact that all of his criminal acts were committed by himself; (c) the Defendant was committed seriously and seriously against his will; and (d) the Defendant’s wife wanting to take the Defendant’s wife.

However, the crime of this case is committed in a collective and organized manner by the defendant to share a secret role with co-defendants of the court below, prepare a gambling place, and let the defendant engage in illegal gambling in a collective and organized manner, and the defendant play the role of so-called "rogate," which is viewed as a network near the gambling place in preparation for crackdown in the process. In light of the crime history, method, scale, degree of participation, etc., the criminal liability is heavy, and the defendant repeats the crime during the period of repeated crime of the same kind even though he had multiple criminal records of the same kind, etc., which are disadvantageous to the defendant. In addition, considering all the sentencing conditions indicated in the arguments of this case, such as the defendant's health status, economic situation, family relation, age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime was sentenced, and changes in circumstances after the court below was sentenced, it cannot be deemed that the punishment of the court below

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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