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(영문) 부산지방법원 2016.09.01 2016노1805
도박개장등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of the instant crime.

However, in light of the following circumstances: (a) the crime of gambling opening places is likely to attract many people to gambling, encourage an excessive gambling spirit, and cause the failure of home economy, etc.; (b) thus, it is necessary to strictly punish the Defendant; (c) the Defendant committed the instant crime without any reflection despite the past record of having been punished three times as a crime related to gambling; and (d) other circumstances that form the conditions for sentencing specified in the records and arguments of the instant case, such as the Defendant’s age, character and behavior, environment, family relationship, means and consequence of the instant crime; and (c) the Defendant’s punishment imposed by the lower court is too unreasonable.

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.

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