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(영문) 대구지방법원 2015.11.20 2015노3840
도박장소개설
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(2) On July 23, 2015, 2015. (See Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant acknowledged the facts charged of this case and against his mistake. However, while the Defendant was punished by a fine for gambling, the Defendant committed the crime of this case at the same time despite the previous conviction, and the Defendant cannot be deemed to be less than the degree of participation in the crime of this case (hereinafter referred to as “tts”) due to the role of the former owner (i.e., lending gambling money to gamblings and receiving high interest rate). In addition, the degree of participation in the crime of this case is significant; the period and frequency of the crime; the size of gambling boards; the Defendant escaped from the investigation agency after the control of the scene of the crime of this case; the Defendant appears to have not found any other gambling; the Defendant’s change of circumstances after the sentence of the lower court was sentenced; the Defendant’s punishment and the Defendant’s environment, character, and conduct, etc. are considered as the circumstances of the Defendant’s argument.

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

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