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(영문) 대구지방법원 2017.06.02 2016노3513
도박
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by the lower court (for the Defendants, KRW 4 million per fine) is too unreasonable.

2. The defendants' confession of the crime of this case and reflects the fact that there is no previous conviction exceeding the fine, the defendants are placed in a situation where the health conditions are not good and economicly difficult, and the defendants A are elderly.

However, the crime of this case is an act that causes damage to the sound economic sense by acquiring property without due labor, and thus it is necessary to eradicate it, and in light of the gambling method, the number of participants, and the amount of money seized at the site, the crime of this case was not small, and the quality of the crime of this case is inferior. Defendant A committed the crime of this case even though he had been punished twice as the same crime, and Defendant D committed the crime of this case even though he had the record of punishment five times as the same crime.

In addition to the above circumstances, considering the fairness in punishing other participants in the instant crime, and the age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the records and theories on the changes, such as the circumstances after the instant crime, the lower court’s punishment on the Defendants cannot be deemed unfair.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, the court below’s ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “the pertinent legal provisions and choice of punishment for the crime of 1.0,” and “the main text of Article 246(1) of the Criminal Act” shall be amended as “the pertinent legal provisions for the crime of 1.0,” and “the main text of Article 246(1) of the Criminal Procedure Act,” respectively.

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