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(영문) 울산지방법원 2016.05.27 2016노80
도박개장방조
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the defendant alleged that he was guilty of his wrong and reflects his wrong, and that the profit gained by the crime of this case is minor; and

The fact that it appears is favorable to the defendant.

However, the crime of this case is committed by attempting to open gambling in B by inducing other persons upon the request of the defendant's changing gambling from B. As such, the act of aiding and abetting the opening of gambling is an act of gambling and promoting excessive speculative spirit by inducing many people to gambling and neglecting home economy, etc. Therefore, it is necessary to punish them strictly. The crime of gambling on January 29, 2007 is punished with a fine of two million won as a result of the crime of gambling on January 17, 2014; the crime of opening gambling on six months after being sentenced to a stay of two years and a fine of five million won as of June 19, 2014; the crime of gambling was committed again while four months have not yet passed since the judgment became final, and thus, it is not recognized that the defendant committed the crime of this case, such as the circumstances and circumstances before and after the commencement of the execution period, as well as the circumstances of the crime of this case, and the motive and circumstances of the crime of this case, as well as the motive and circumstances of the crime.

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

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