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(영문) 대전지방법원 2013.04.18 2012노2425

사행행위등규제및처벌특례법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment of eight months of imprisonment, two years of suspended execution, and 80 hours of community service order, which the court below sentenced, is too uneased and unreasonable.

2. In light of the defendants' age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, etc., the court below's punishment is judged to be appropriate, and it is deemed that the prosecutor's allegation of unfair sentencing is not reasonable, since it is not recognized that the defendant's punishment is too uneasible and unreasonable. Thus, the prosecutor's assertion of unfair sentencing is without merit, in light of the following: the defendants' age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions in the records and arguments of this case, including circumstances after the crime.

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