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(영문) 대구지방법원 2013.08.23 2013노858

상습도박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too uneasible that each sentence (a fine of seven million won is imposed on the Defendants C, confiscation, confiscation, Defendant D, and E: each fine of five million won, confiscation, and confiscation) declared by the lower court on the Defendants.

2. The judgment of Defendant C committed the instant crime even when he was a repeated crime, and all the Defendants committed the instant crime with the same kind of force, etc. However, there are circumstances that may be considered in light of the circumstances leading to the instant crime; the number of the Defendants were imminent in the course of the instant crime; and other factors such as character and behavior, environment, the background, means and method of the instant crime; and the circumstances after the instant crime are considered, etc., such that the sentence imposed by the court below is too unjustifiable, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor'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.