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(영문) 대구지방법원 2013.09.06 2013노1465
도박개장
Text

Defendant

All appeals filed by B, D, F, G, H, I, R and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B, D, F, G, H, I, and R decided on the above Defendants (Defendant B: fine of KRW 5 million, Defendant D, F, and I: each of the above Defendants’ sentences to be sentenced to imprisonment, 10 months of probation, 2 years of probation, community service, 200 hours of probation, Defendant G: fine of KRW 7 million: imprisonment for August, 2 years of probation, 2 years of probation, probation, 160 hours of probation, community service, 160 hours of probation, Defendant R: imprisonment for 1 year and 6 months of collection, 164 million of collection) is too unreasonable.

B. The prosecutor (as to the defendant A, B, C, D, E, G, and K) sentenced by the court below to the above defendants (as to the defendant A, C, D, G, and K: 10 months of imprisonment, 2 years of suspended execution, 2 years of probation, community service, 200 hours of probation, 200 hours of social service, and 3 million won of fine) is too unfford and unfair.

2. Determination

A. The instant crime committed by the prosecutor on the assertion of unfair sentencing against Defendant A, C, E, and K was committed in a very systematic and planned manner by sharing the roles of accomplices, and the size and frequency thereof are reasonable. Defendant A bears the so-called “ clean water”, Defendant C’s “Ma”, Defendant E’s performance of each of the roles of “sick wind”, and the degree of participation is not easy, and Defendant A and C had the same force in the case of Defendant A and C. However, the above Defendants were led to confession and reflect on all of the instant crimes. However, in light of the above circumstances, the above Defendants were committed, and the benefits acquired by the instant crimes are not much high, and in the case of Defendant K, the equity of punishment with other accomplices, and other favorable circumstances, such as the punishment with which there was no record of criminal punishment, and the age, character, environment, motive, means and consequence of the instant crime, etc., the aforementioned Defendants’ age, character, and character, motive of the instant crime, as well as the circumstances after the crime, the aforementioned Defendants’ allegation is unreasonable.

B. Prosecutor’s assertion of unreasonable sentencing on Defendant B, D, and G

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