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(영문) 서울동부지방법원 2014.04.17 2013노1477
도박개장
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment, two years of suspended sentence, two years of probation and community service order, 200 hours of probation and community service order, confiscation) is too uneased and unreasonable.

2. The crime of gambling of this case committed by the Defendant is an unfavorable circumstance to the Defendant, where the Defendant committed the crime of gambling of this case, by opening a gambling place for the purpose of gaining illegal property gains, thereby promoting gambling conduct detrimental to sound labor concept and social morals, and thus, it is necessary to strictly punish the Defendant. The Defendant has a criminal record of the same kind of fine.

However, in light of various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, family relationship, motive and circumstance, etc., the sentence of the lower court is too uneasible, and thus, cannot be deemed unfair. In so doing, it cannot be deemed that the sentence of the lower court is too uneasible, in view of the following circumstances: (a) the actual operation period of the instant gambling house, which was prosecuted, from around 19:00 to 19:50 on September 10, 2013, is very short-term; and (b) the benefits acquired by the Defendant are deemed to be less than the benefits acquired by the Defendant due to the instant gambling opening

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

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