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(영문) 광주지방법원 2016.08.30 2016노2027

한국마사회법위반(도박개장등)등

Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (Defendant A: imprisonment of one year, confiscation, additional collection of 14 million won) is too unreasonable.

B. The Prosecutor’s sentence (as above, Defendant A, Defendant B: fine of KRW 8 million, and penalty of KRW 1950,000) of the lower court is too unfilled and unfair (the Prosecutor stated that each of the Defendant A’s imprisonment for three years and Defendant B’s imprisonment for eight months). The Prosecutor stated that each of the Defendant A’s imprisonment for three years and Defendant B’s imprisonment for eight months).

A. The defendant A’s depth reflects the defendant’s depth is favorable to the defendant.

On the other hand, even though the defendant was placed under the suspension of the execution of imprisonment with prison labor for the same type of crime in 2011, it is highly likely to be subject to criticism because he again committed the crime of this case, and operated the illegal horse site for about seven months.

In addition, considering the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, etc., the sentence of imprisonment of one year against the Defendant, which the lower court set by the lower court, is within the appropriate sentencing range, and is not deemed unreasonable because it is too heavy or too heavy.

Therefore, the defendant and prosecutor's argument of sentencing is without merit.

B. Defendant B did not have been punished for the same crime, and the degree of participation in the crime of this case is not significant by establishing and lending a passbook under his own name.

In addition, comprehensively taking account of the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, etc., it is difficult to view that the lower court’s punishment is too unreasonable and thus, should be reversed.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, since each appeal by Defendant A and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.