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(영문) 창원지방법원 2015.07.08 2015노1017
도박개장
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (ten months of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant in collusion with A, D, etc. for the purpose of profit-making by preparing a gambling place, providing tools necessary for A and gambling, making 24 persons including J et al. go to gambling place, standing 41,947,00 won in total, standing 41,947,000 won in the board and making them go to gambling, and holding them to be called "Adog", and opening a gambling place for profit-making purposes. The Defendant recognized the crime of this case.

However, the defendant, including the same criminal record and four times, has been punished for more than ten times, and he/she again committed the crime of this case during the suspension period of execution for the same kind of crime.

In addition, even though the defendant led the crime of this case, the crime of gambling was denied at the time of the first investigation, and the crime was not good, such as allowing D to make a false statement as if he led the crime, and there are not many persons who participated in the place of gambling opened by the defendant, and the size of the amount of money provided for gambling is considerable.

In addition, considering the fact that there is no change in circumstances that may be considered in sentencing after the sentence of the lower judgment, together with the following circumstances, such as the Defendant’s age, character, conduct and environment, means and consequence of the crime, the circumstances after the crime was committed, etc., it cannot be deemed that the sentence imposed by the lower court is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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

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