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(영문) 대구지방법원 2017.05.26 2016노4568
도박개장
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: 2 years of probation, observation of protection and 160 hours of probation in the month of imprisonment with prison labor, community service for Defendant B: 2 years of probation and fine of 5 million won of probation, observation of protection and community service for 80 hours of probation in the April of imprisonment with prison labor) are unreasonable.

2. The crime of gambling in this case’s opening of gambling is an offense that undermines a speculative spirit to commit a sound work, and is of great harm to society, the amount of gambling is not large, and the crime of gambling in this case’s gambling is an act that undermines a sound economic concept by acquiring property without using legitimate labor, and thus, need to eradicate it. Defendant A has a history of punishment for aiding and abetting gambling, Defendant B has a history of force of punishment once due to the crime of aiding and abetting gambling, and Defendant B has a history of force of punishment six times as a crime of gambling.

However, there are more favorable circumstances such as the Defendants’ confession of each of the crimes in this case, and the Defendants’ actual acquisition of each of the crimes in this case seems to be almost nonexistent, and Defendant A was punished for gambling aiding and abetting, but there was no previous record exceeding eight years, Defendant B did not have any previous record of exceeding the fine, and the Defendants’ family members complain of the Defendants’ wife.

In addition to the above circumstances, taking into account the Defendants’ age, sex, environment, motive and background leading to the instant crime, its means and consequence, and all of the sentencing conditions indicated in the instant case records and arguments, such as the circumstances after the commission of the crime, the sentence imposed by the lower court does not seem to be unfair and unfair.

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

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