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(영문) 부산지방법원 2016.11.25 2016노2459
도박개장
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 300,000.

The defendant above.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of three million won, confiscation) is too unreasonable.

2. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor, at the trial court, changed the facts charged as follows, and applied for changes in the name of the crime from “gambling and gambling” to “gambing and gambling”, and from “Article 247 of the Criminal Act” to “Article 246(1) and Article 32(1) of the Criminal Act”. Since this court permitted this and changed the subject of the judgment, the judgment of the court below is no longer maintained.

[Revised charges] The Defendant: (a) from around 19:30 to around 20:20 on November 1, 2015 (which appears to be a clerical error in September 11, 2015); (b) from around 19:30 to around 20:20 on the same day, a person who first 3 points in accordance with the rules determined by the 50-year-based rules using the 50-year-old-gu Busan Northern-gu, where a person who first pays 3 points in accordance with the 50-year-in-house rules, saw the 6-in-house-in-house, divided the 5,00 won-in-house-in-house price into two gates, and embling the 1,921,100 won-in-house price by raising the 5,000 won-in-house price by taking advantage of the 5,000 won-in-house price.

3. If so, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment of the court below against the defendant is ruled as follows through oral argument.

【Judgment Co., Ltd., the Defendant, from Sep. 11, 2015 to Sep. 20, 2015, 19: (a) from Sep. 11, 2015 to Sept. 20:20 of the same day, she first 3 points in accordance with the rules and regulations prescribed by J 1st, etc. using 50 U.S. 50 U.S., she she she shes up by dividing she into two shes.

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