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(영문) 대구지방법원 2018.11.09 2018노2143
도박장소개설등
Text

The judgment below

Part concerning Defendant A, B, and C shall be reversed.

Defendant

A and B shall be sentenced to six months of imprisonment and fine of five million won.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor's court below's each sentence sentenced to Defendant A, B, C, and D (one year of imprisonment and fine of 5 million won, three years of probation, three years of probation, 160 hours of community service order, protection observation, confiscation, Defendant B: one year and fine of 5 million won, three years of probation, 160 hours of community service order, 160 hours of probation, protection observation, Defendant C: imprisonment for eight months, 2 years of probation, 120 hours of community service order, 120 hours of protection observation, Defendant D: fine of 10 million won) is too unreasonable.

B. Defendant G’s sentence imposed by the lower court (4 million won) is too unreasonable.

2. Determination

A. Defendant A, B, C, and C voluntarily surrenders to commit the instant crime in 2018 order 619, and Defendant B’s injury and Defendant D’s offense in which judgment became final and conclusive should consider equity when judgment was rendered concurrently with the offense of violation of the Narcotics Control Act (fence) which became final and conclusive on November 11, 2017.

However, the crime of opening the gambling place of this case is a crime of professional and organized interference with players, management of gambling places, book keeping, settlement of gambling funds, etc.

Since gambling crime promotes a speculative spirit and undermining the awareness of sound labor, it is necessary to severely punish the crime of opening gambling places that attract people and make profits by providing an opportunity to commit gambling.

The frequency of the crime of opening the gambling place of this case, and the size of the gambling board is reasonable.

Defendant

A has been punished three times for gambling crimes.

Defendant

B has committed the crime of this case during the period of probation, and there are two cases under trial for the same crime.

Defendant

C committed the instant crime during the period of probation.

In addition, the records and arguments of this case, such as the age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, are shown.

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