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대구지방법원 2019.08.20 2019노597
도박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the court below is too unreasonable.

2. The defendant recognized his mistake and reflects his gender, and the defendant is 75 years old.

However, the defendant has a total of five criminal records related to gambling, including those sentenced to three suspended sentence of imprisonment due to habitual gambling.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

However, in the application of the law of the judgment below, the "each punishment decision" in the Article 25 (1) of the Regulation on Criminal Procedure is clear that the "each punishment decision" is a clerical error in the decision of each fine. Thus, it shall be corrected ex officio in accordance with Article 25 (1) of the Regulation on

.