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(영문) 전주지방법원 2014.02.14 2013노1327

사행행위등규제및처벌특례법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, two hours of community service order, 120 hours of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. A favorable circumstance is recognized such as the Defendant’s recognition of the instant crime and the depth of the instant crime, the degree of the Defendant’s participation in the instant crime is relatively minor, and the Defendant is the most likely to support his family.

However, the crime of this case is committed by the defendant in collusion with his accomplice, and such crime is deemed to require strict punishment of social harm, such as promoting excessive gambling spirit of the people and impairing sound labor awareness. The defendant repeatedly committed the crime of this case despite the fact that he had been punished once for the same crime, despite the fact that he had the record of punishment one time for the same crime. In full view of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the circumstances after the crime, etc., the court below's punishment is too unreasonable, and thus, the defendant's assertion

3. If so, the defendant'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.