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(영문) 부산지방법원 2016.05.13 2016노1050
도박개장
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have established a place where the Defendant gambling sites are gambling in a foreign country. The crime of this case is deemed to have serious social harm in that the Internet gambling is easily accessible to the general public, has a high radio wave, and causes harm to the sound labor concept and the public morals of society, and thus, the need for strict punishment is recognized.

However, in full view of the fact that the defendant reflects his mistake, that the defendant was the first offender who had no record of punishment prior to the instant case, that the punishment equity (a fine of KRW 5 million is imposed on the accomplices) with the accomplices, the age, sexual conduct, environment of the defendant, the circumstances and motives leading to the instant crime, and all other matters pertaining to the sentencing as shown in the records and arguments of this case, the punishment of the judgment below is recognized to be unfair due to ignorance.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following judgment is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 247 and 30 of the Criminal Act concerning the facts constituting an offense and Articles 247 and 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. The community service order under Article 62-2 of the Criminal Act;

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