(영문) 수원지방법원 2015.05.13 2014노2295 | 리걸엔진

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(영문) 수원지방법원 2015.05.13 2014노2295

도박개장방조

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The statements at the original court of H, G, L, and K were made after a lapse of one year from the time when an investigation was conducted, and these and the Defendants appear to have reversed their statements in accordance with their mutual agreement due to mutual interests and geographical relationships. Thus, the statements at H, G, L, and K investigative agencies are more reliable.

Nevertheless, in light of the reversal statement at H, G, L, and K’s original trial court’s reversal statement, the court below acquitted the Defendants on the charge of aiding and abetting gambling as to the Defendants on the ground that it is difficult to believe their statements in their investigative agencies as they are, and thus, it is erroneous in the misapprehension of facts, which affected the conclusion of the judgment

B. Each court below’s sentence (Defendant A: a fine of 300,000 won, Defendant B: a fine of 1 million won) against the Defendants claiming unreasonable sentencing is too uneasible and unreasonable.

2. The judgment of the court below on the assertion of mistake of facts is examined, and the court below is not guilty of this part of the facts charged, considering that the statements made at the investigation agency of H, G, L, and K, which correspond to the defendants' assistance in gambling, are not reliable in light of their statements in the court below's court. If the above judgment of the court below is closely compared with the records, the judgment of the court below is just, and there are special circumstances to deem that the judgment of the court below was erroneous in the judgment of the court below on the credibility of each statement of H, G, L, and K, even if all evidence duly adopted and examined by the court below are examined.

It is difficult to deem that there are circumstances to deem that maintaining the judgment of the court below as it is significantly unfair.

In particular, the opening of the instant gambling room.

유사 판례

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