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(영문) 서울중앙지방법원 2016.05.19 2016노238
도박장소개설등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below against the defendants on the summary of the grounds for appeal (two years of suspended sentence in one year of imprisonment) is too unreasonable.

2. The judgment of the Defendants recognized their mistakes and reflects, the Defendants had no record of criminal punishment in the Republic of Korea, and the degree of the attack is relatively weak, and the victims of the attack, who compensate and compensate for damages to H and I, and that the victims do not want the punishment against the Defendant, are recognized as a favorable circumstance to the Defendant.

However, in full view of the following circumstances, the number and size of the instant gambling and attacking crimes are small, and all the sentencing conditions stated in the records and arguments of the instant case, including the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., even when considering favorable circumstances for the above Defendants, each of the sentencing of the lower court, which is within the scope of the recommended sentencing guidelines set by the Supreme Court’s sentencing committee, is too unfair because the sentencing of the lower court, which is within the scope of the recommended sentencing guidelines set forth below, goes beyond the reasonable scope of discretion.

[Establishment of Gambling Place] From August to June: Opening of Gambling Place, etc.: No basic area (establishment of gambling place and space): January to August of 1: No person who does not have any special sentencing factors (joint attack): The mitigated area (less less than 30 million won) and the special mitigated area: Where the degree of attack is weak; where significant damage is recovered [the scope of final recommended punishment following the increase of multiple offenses] from August to October of 1 (the maximum limit of the sentencing range of basic gambling place and space).

3. Accordingly, the Defendants’ respective appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.

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