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(영문) 인천지방법원 2013.04.26 2013노190

사행행위등규제및처벌특례법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (a fine of seven million won) is too uneased and unreasonable.

2. In light of the fact that the Defendant did not know even though he was in a repeated crime period, and that there is a need to strictly punish the Defendant in light of the fact that the Defendant had F actively make a false statement in order to conceal his criminal act, and that the nature of the crime is not very good.

However, in full view of the following: (a) the Defendant recognized all of the instant crimes and reflects the Defendant’s mistake in depth; (b) the Defendant’s sentence is inevitable due to grounds for disqualification for the suspension of execution where the Defendant is sentenced to imprisonment; (c) the Defendant supports the Defendant’s family while working as a construction worker who has discontinued the current operation of the party branch; and (d) it appears that it would be difficult for the Defendant to live with his dependents if the Defendant is sentenced to imprisonment; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and the circumstances before and after the crime, etc.

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