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(영문) 부산지방법원 2017.08.17 2017노1875

도박

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the penalty amounting to KRW 5,000,000) is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case and the defendant reflects the mistake, the defendant has no record of punishment for the same crime, and there is no record of criminal punishment exceeding the fine.

However, the crime of this case is committed by the defendant by accessing the Internet gambling site and making a deposit of KRW 88,79,310 over 1,078, and the liability for the crime is grave in light of the frequency, period, scale, etc. of the crime. The Korean Criminal Litigation Act, which takes the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first trial, and the first trial sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the above recognized defendant do not fall under a special change of circumstances that can change the sentence of the court below after the pronouncement of the judgment of the court below, and if the defendant's age, sexual behavior, environment, etc. are all circumstances constituting the conditions of the sentencing in this case, it cannot be deemed unfair if the punishment against the defendant is too unfair.

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