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(영문) 서울중앙지방법원 2016.12.16 2016노3649

도박장소개설

Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (2,00,000 won of fine) imposed by the first instance court on the summary of the grounds for appeal is too unreasonable;

2. Although the Defendant did not have a previous conviction sentenced in Korea (one case of suspension of indictment), the Defendant’s violation of the instant crime, etc. However, the first instance court already rendered a sentence by reducing the amount of fine (3,00,000 won) in consideration of the aforementioned circumstances, and there is no change in the sentencing conditions that may be particularly considered in the appellate trial, as well as other various circumstances, such as the Defendant’s age, character and conduct, environment, health condition, motive, means and consequence of the crime, etc., even though examining in detail the following circumstances, it is difficult to view that the first instance court’s sentence is too unreasonable.

Therefore, the defendant's above assertion is not accepted.

3. Conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.