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(영문) 서울서부지방법원 2015.08.13 2015노507
도박개장
Text

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

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence (for the defendant A, 10 months of imprisonment, 2 years of suspended sentence and 2 years of confiscation, 10 months of imprisonment, 2 years of suspended sentence and 2 years of suspended sentence) declared by the court below against the defendants is too unfasible.

2. The crime of this case is a highly harmful crime that promotes the people's spirit of gambling and undermines the awareness of sound labor, and the Defendants are not likely to commit the crime in a planned and systematic manner, such as the commission of illegal gambling sites for profit-making purposes in collusion with E, etc., the amount of money is large, the period for committing the crime is not shorter, and the Defendants' participation in the crime is more severe, etc., which are disadvantageous to the Defendants.

However, the Defendants are generally aware of their mistake, and there is no criminal record of the same kind as the instant crime, and in particular, Defendant A did not have any record of punishment exceeding the fine, and the Defendants were detained for two months due to the instant crime, and the time of reflect was set. The Defendants, as well as the Defendants, appeal their family members and family members and are leading the Defendants.

In addition, comprehensively taking account of the motive, circumstance, means and consequence of the crime, the role of the Defendants and the amount of benefits acquired by the crime of this case, the age, career, character and conduct, environment, and family relationship of the Defendants, etc., the punishment against the Defendants cannot be deemed unfair because it is too uneasible.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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