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(영문) 의정부지방법원 2014.04.18 2014노53
도박개장
Text

The defendant's appeal is dismissed.

Reasons

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

2. There are circumstances such as the defendant's voluntary appearance and response to investigation at the latest while living for the escape of the defendant. However, the defendant was sentenced to a suspended sentence of ten months for the same crime, and the crime of this case was committed during the suspended sentence. The crime of this case was committed in large scale and planned and organized by the law of the commission of the crime of this case, the defendant's active and intentional role in the crime of this case in overall management of the employees who are co-offenders and the gambling site and the operating funds of the gambling room. In full view of all other circumstances, considering the defendant's age, character and behavior, the background and contents leading to the crime of this case, and the circumstances leading to the crime of this case after the crime, etc., the sentence of the court below cannot be deemed to be unfair since the sentence of the defendant cannot be deemed to be excessively unfair.

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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