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(영문) 대전지방법원 2013.10.16 2013노1810
도박개장
Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

Defendant

C, D, E, and G respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (A) The Defendant was guilty of the facts charged in this case on the ground that there was no fact that the Defendant had led to mistake of facts upon Defendant C’s request, but did not play a role of securing the gambling personnel with respect to the instant opening of gambling, seeking the gambling place or viewing the network. The lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B) In light of all the circumstances, including the fact that the Defendant’s health status of an unreasonable sentencing is not good, the sentence imposed by the lower court (eight months of imprisonment) is too unreasonable. 2) In light of all the circumstances, including the fact that the Defendant C (nomenclature) is against the Defendant, the sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

3) In light of all the circumstances, including the fact that Defendant D (unfair punishment) is against the Defendant, the sentence imposed by the lower court (one year of imprisonment) is too unreasonable. 4) In light of all the circumstances, including the fact that Defendant E (unfair punishment) is against the Defendant, the sentence imposed by the lower court is too unreasonable.

5) In light of the overall circumstances, including the fact that Defendant G (unfair punishment) is against the Defendant, the sentence imposed by the lower court is too unreasonable. (b) In light of the overall circumstances, such as the size and method of the instant crime committed by the Prosecutor, the sentence imposed by the lower court against the Defendants (Defendant A: 6 months of imprisonment, 2 years of suspended execution, 40 hours of probation, and 40 hours of the gambling addiction therapy (old imprisonment: 1 and 6 months of imprisonment), Defendant B: 1 year and 6 months of the former sentence; 2 years of imprisonment by the former sentence; 2 years of imprisonment by the former sentence; 1 year and 6 months of imprisonment by the former sentence; 2 years of imprisonment by the former sentence; 2 years of suspended sentence; 40 hours of imprisonment by the probation; 1 year and 6 months of the former sentence; 40 hours of imprisonment by the gambling addiction therapy (former imprisonment by the former sentence: 1 year and 6 months); and 1 year and 6 months of the former sentence.

2. On the grounds for appeal by Defendant B, ex officio,

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