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(영문) 대구지방법원 2016.07.06 2015노5186
도박개장등
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (one year of imprisonment, two years of suspended execution, one year of imprisonment, one year of suspended execution and two years of suspended execution) that the court below sentenced to the Defendants is too unfasible.

2. Determination of the instant gambling conduct is based on a dog, and it is recognized that the means to commit the instant crime is cruel, the commission of the crime is bad, and the Defendants performed the leading role in the instant crime.

However, the Defendants recognized all of the crimes of this case, and divided their errors, and they did not commit gambling using a dog again.

In light of the above circumstances, considering the size and frequency of gambling opened by the Defendants, the amount of profits, etc., as well as other circumstances that are conditions for sentencing, such as the Defendants’ age, sexual conduct, environment, criminal records, and circumstances after the commission of the crime, the sentence imposed by the lower court is too uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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