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(영문) 서울동부지방법원 2014.10.16 2014노725
도박개장
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence against the Defendants (two years of probation, probation, community service order 80 hours in October; two years of probation, probation, community service order 80 hours in August; and Defendant B’s imprisonment in August, two years of probation, probation, and community service order 80 hours in the period of probation, confiscation, etc.) is too una

2. In light of the fact that a speculative business through the establishment of a gambling place is highly likely to instigate an excessive gambling spirit and undermine sound labor awareness, and that there is a need to strictly punish the criminal act of opening a systematic and planned gambling place like the criminal act in this case, despite the fact that there was the past record of punishment for the same criminal act (one time to suspend execution, one time to impose a fine), and the Defendants actually participated in the establishment and operation of the gambling place in this case, it is necessary to punish the Defendants. However, there is a need to strictly punish the Defendants; on the other hand, the Defendants are trying to not repeat the criminal act in this case in depth and again; on the other hand, the Defendants were 6 hours and 20 minutes of the period of operation of the gambling place in this case; there is no illegal benefits acquired by the Defendants due to the criminal act in this case; and on the other hand, the Defendants’ age, personality and behavior, family relation, etc. after considering the following circumstances, there is no reason to acknowledge the sentencing of unfair sentencing.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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