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(영문) 수원지방법원 2018.04.06 2018노565

도박장소개설

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.

2. The lower court sentenced the Defendant to six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

The judgment of the court below exceeded the reasonable bounds of discretion when comprehensively taking into account the following factors: the degree of the defendant's participation in the crime is relatively minor; the applicable sentences; and the sentencing guidelines; etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances and results of the instant crime, Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.