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(영문) 대전지방법원 2016.07.21 2016노1374

상습도박방조

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The judgment below exceeded the defendant's reasonable limit of discretion of sentencing determination, unlike various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive, means and consequence, and the circumstances before and after the crime, etc., which are favorable to the defendant, but the defendant has been punished several times for the same kind of crime.

In full view of the circumstances to be assessed or the fact that there is no new data that was presented in the course of the trial of sentencing at the party, etc. (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.), since the sentence imposed by the court below on the defendant is unlimited and it does not seem unfair, the defendant's improper assertion of sentencing is without merit.

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