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(영문) 대전지방법원 2014.08.21 2014노82

사행행위등규제및처벌특례법위반

Text

The appeal by the prosecutor is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of KRW 700,00) of the court below is unreasonable because it is too uneasible.

Judgment

Since speculative businesses are highly harmful to society, such as undermining people's awareness of sound labor, and do not eradicate continuous crackdowns, there is a need to strictly punish speculative businesses, and the fact that the defendant has been punished for the same kind of crime is disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant led to the instant crime and reflects his mistake; (b) the Defendant’s economic form seems difficult; and (c) the Defendant’s age, character and conduct, environment, the circumstances leading to the instant crime, and the circumstances before and after the instant crime, it is not recognized that the sentence of the lower court is too unreasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.