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(영문) 청주지방법원 2013.09.12 2013노162

사기등

Text

Of the judgment of the first and third court and the judgment of the second court, the part against Defendant A and H, and the conviction against Defendant G, respectively.

Reasons

1. Summary of grounds for appeal;

A. The defendants' each punishment (the defendant A: 3 months of imprisonment of the first instance court, 1 year of suspended sentence, 2 years of suspended sentence, 160 hours of community service work, 160 hours of the second instance court, 2 years and 6 months of imprisonment of the second instance court, 3 years and 6 months of the first instance court, 1 year of imprisonment, 10 months of suspended sentence, 2 years of community service work, 160 hours of the defendant J, 160 hours of the defendant K: 1 year of imprisonment, 2 years of suspended sentence, 160 hours of the probation, 160 hours of the defendant L) which the court below sentenced the defendants are too unreasonable.

B. Each sentence sentenced by the prosecutor by the court below to Defendant G and H is too unhued so that it is unfair, and with respect to Defendant H, an additional collection of KRW 25 million should be made.

2. Determination

A. Prior to the judgment on the allegation of unfair sentencing against Defendant A and the Prosecutor’s Defendant G on the judgment of the lower court on the judgment on the grounds of unfair sentencing, this court conducted an ex officio examination by combining the appeals cases against each of the above Defendants with each of the lower judgment, and each of the offenses at the time of the original trial is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single punishment within the scope of one of the concurrent crimes under Article 38(1) of the Criminal Act. As such, the part against Defendant A and the guilty part of the lower judgment of the first, third, and second judgment cannot be maintained.

B. The act of running the 1st illegal game room for Defendant H’s judgment is highly likely to cause severe social harm by encouraging a speculative spirit to the general public and undermining sound labor awareness, and the actual operation of the game room, etc., which is disadvantageous to the Defendant, but the Defendant recognized the Defendant’s mistake in its entirety, and the Defendant seems to be in profoundly against the Defendant’s personality as being detained for about six months until now, and there is no specific criminal history except for the crime of simple gambling.