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(영문) 제주지방법원 2015.03.12 2015노33
도박개장
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the punishments of the court below against the defendants (6 months of imprisonment for the defendant A, 6.5 million won of confiscation, additional collection, and 4 months of imprisonment for the defendant B and C) is too unreasonable.

2. The Defendants are aware of all the crimes of this case, and there are circumstances, such as the fact that the Defendants are against the mistake, and that the health status is not good in the case of Defendant B and C.

However, even though Defendant A had been subject to punishment several times for gambling and habitual gambling, Defendant A committed active and leading crimes, such as opening a gambling place for several times, Defendant B and C were sentenced to suspended sentence due to the crime of gambling and gambling and committing the crime of gambling again while being sentenced to a fine again during the period of suspended sentence. In full view of the various circumstances, including the Defendants’ age, character and behavior, environment, and circumstances before and after the crime, etc., as well as the sentencing conditions specified in the instant argument, even if considering the grounds for sentencing asserted by the Defendants, it cannot be deemed unfair since the lower court’s punishment is too excessive.

3. According to the conclusion, all appeals filed by the Defendants are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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