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(영문) 서울중앙지방법원 2013.10.10 2013노2516

사행행위등규제및처벌특례법위반

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (eight months of imprisonment) against Defendant A of the Prosecutor is too unhued and unreasonable.

B. The Defendants’ sentence (Defendant A: Imprisonment of August, Defendant B: fine of KRW 6,00,00) is too unreasonable.

2. Determination

A. In full view of the circumstances favorable to the above defendant A, but there are three times favorable to the above defendant, and the two times of punishment for the same kind of crime among them, the defendant A committed the crime of this case in a planned and organized manner to avoid the crackdown on the police, and other conditions of sentencing, the sentence of the court below cannot be deemed as being too heavy or unreasonable, in light of the defendant A's age, character and conduct, environment and other conditions of punishment.

B. As to Defendant B, Defendant B was divided in depth into and reflected against his criminal act from the investigation stage to the trial stage, and the degree of participation in the criminal act is relatively minor, etc. However, in full view of the fact that the records of the above Defendant who was sentenced to a fine by the same kind of crime have three times or more, the above Defendant’s age, character, conduct, environment and other sentencing conditions, the sentence of the lower court is too unreasonable.

3. In conclusion, the prosecutor and the Defendants’ appeal are 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.