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(영문) 서울중앙지방법원 2016.11.10 2016노2616

사행행위등규제및처벌특례법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendants is too unreasonable that the sentence of the lower court against the Defendants (abrupted by imprisonment of one year and four months, confiscation, confiscation, Defendant B: imprisonment of six months, confiscation, Defendant C, and D: KRW 5 million) is too unreasonable.

2. In full view of all the sentencing conditions shown in the records and pleadings of this case, including the following facts: (a) the size of the crime of this case committed by the Defendants is small, and its nature is not good; (b) the Defendant was under criminal punishment several times; (c) the Defendant A committed the crime of this case despite the past record of criminal punishment for the same kind of crime; and (d) there is no special circumstance or change in circumstances that may be newly considered in the sentencing after the sentence of the lower judgment was rendered; and (e) the Defendant’s age, character, character, environment, motive, means and consequence of the crime; (b) the period of the crime of this case is relatively short; (c) the Defendants are against the recognition of the mistake by the Defendants; and (d) Defendant C and D have no record of criminal punishment; and (d) even considering favorable circumstances that are favorable to the Defendants, the sentencing of each lower court against the Defendants cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.