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(영문) 부산지방법원 2014.12.11 2014노3222
도박개장등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The fact that the Defendant’s mistake in depth reflects the Defendant’s mistake, and there is no particular penalty power in addition to the punishment of a fine due to drinking or non-license, etc., and appears to have taken over the instant gambling site in mind to meet large losses, and that there is no extenuating circumstance to consider the Defendant’s parents and booms the Defendant’s wife, such as that the Defendant’s parents and booms the Defendant’s wife.

However, since the illegal sports soil site has a strong social hazard, such as promoting an excessive gambling spirit for the general public and causing the failure of home economy, etc., it is necessary to strictly punish the operator and the leading and leading participants in the crime in order to eradicate the crime, and to ensure the awareness of society as a whole. Above all, considering the fact that the defendant takes over the gambling site and stays in the Philippines in order to avoid crackdown, etc., he operated the gambling site and raises gambling funds exceeding KRW 70 million for a short period of about 3 months, the nature of the crime is not very good, and there is no other favorable change in circumstances to the extent that it can be considered in sentencing after the judgment of the court below was rendered, and the circumstances that the court below maintained the sentence of the crime in this case, such as the motive and circumstances of the crime in this case, the defendant's age, character and behavior, etc., as well as the circumstances in this case, are considered.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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