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(영문) 대전지방법원 2014.04.23 2013노3090
도박개장등
Text

Defendant

All appeals filed against the Defendants A and V and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (no more than 10 months of imprisonment and confiscation) is too unreasonable.

B. Defendant V (Definite misunderstanding, and unreasonable sentencing) 1 merely was on the instant gambling site to receive the money loaned to A, and there was no participation in gambling. 2) The sentence imposed by the lower court of unfair sentencing (one month of imprisonment) is too unreasonable and unfair.

C. The prosecutor (unfairly unfair) sentenced by the court below to the defendants (in 10 months of imprisonment, confiscation, defendant G: 10 months of imprisonment, 2 years of suspended sentence, 2 years of confiscation, and 8 months of imprisonment) are too uneasible and unfair.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to Defendant V’s assertion of mistake of facts, the following circumstances are acknowledged.

1) The witness AE and Z state that the place of the defendant at the time was 3 to 4th (316 pages, 327 pages). (2) The witness AE state that the investigative agency had directly observed the defendant to receive money from 2 to 3 times (Evidence Records 1093 pages, 317 pages), and the witness state that the witness state that the defendant had taken the responsibility before the defendant's main body (327 pages of the litigation record), and that the witness state that there is no reason to make a false statement even when he is subject to the punishment of the above evidence (327 pages of the trial record).

3 A witness stated in the trial that he did not participate in gambling at the time of the instant case that he does not seem to be accurate when he focuses on the question whether or not he reported all the circumstances at the time of the instant case. It is true that anyone who participates in gambling is 20 to 30 persons. In reality, it is possible to grasp who participates in gambling is 20 to 30 persons.

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