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(영문) 전주지방법원 2016.06.02 2015노1202
도박개장등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the 2 years of suspended sentence in 10 months of imprisonment and the 2 million won of fine) is too unfluent and unreasonable.

2. The crime of this case is acknowledged that the Defendant established a place for gambling led by the Defendant, recruited persons to provide a dog dog, and that it is not good that the Defendant engaged in an animal scholarship while participating in a dog dogbing, and that the Defendant committed the crime of this case while clearly recognizing the illegality of dogbing, and that the amount of the map that the Defendant planned to participate in the dogbing was small.

However, in light of the fact that the defendant recognized the crime of this case and reflected against the defendant, while the defendant was punished for the same crime, the defendant was punished for 20 years prior to the punishment for the same crime, and that there was about 10 years prior to the punishment for the crime of this type, and other factors on the punishment of this case, including the defendant's age, sex, motive, means and consequence of the crime, etc., and the circumstances after the crime, etc., the sentencing of the court below is not deemed to be unfair because the sentencing of the court below is too uneasible.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition (Article 25 (1) of the Regulations on Criminal Procedure, the "(within the scope of adding up the long-term punishment of the above two crimes against the crime of opening gambling and the crime of violating the Animal Protection Act)" is changed to "(within the scope of adding up the long-term punishment of the crime of opening gambling and the crime of violating the Animal Protection Act)" "(within the scope of adding up the long-term punishment of the crimes of opening gambling and the crime of opening gambling) for which punishment heavier than that of the crime of opening gambling is aggravated."

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