(영문) 의정부지방법원 2016.05.10 2016노302

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(영문) 의정부지방법원 2016.05.10 2016노302

도박개장등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized No. 1.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment of two years and six months, confiscation, and collection KRW 400 million) is too unreasonable.

2. Determination

A. The Defendant committed the instant crime that enables an unspecified number of unspecified people to easily gambling through the Internet site. It is recognized that the Defendant committed the instant crime, such as promoting a speculative spirit and impairing sound labor awareness. The Defendant committed the instant crime by opening a gambling site using the Maka server, etc., leading the instant crime systematically and systematically, by sharing the roles of attracting a large number of people and attracting a total number of people, leading them to commit the instant crime in a systematic and planned manner. The Defendant had induced people to gambling through an advertisement medium with high radio wave, and the amount of money traded to use as gambling at the Defendant’s gambling site is a large amount of money of KRW 40 million. The Defendant committed the instant crime, despite having been sentenced to imprisonment for the same crime on April 201, the Defendant committed the instant crime even though he had been sentenced to a suspended sentence of imprisonment for eight months and two years.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant paid the full amount of KRW 400 million collected as indicated in the judgment of the court below in the judgment of the court below; and (c) the Defendant’s age, circumstances leading to the commission of the instant crime; and (b) other circumstances that form the conditions for sentencing as indicated in the argument of the case

Therefore, the defendant's above assertion is justified.

3. Accordingly, the part of the judgment below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is reversed, and the following is decided through a new legal theory.

Criminal facts

The summary of the crime and evidence recognized by the court against the defendant is the corresponding column of the original judgment.

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