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(영문) 창원지방법원 2020.02.13 2019노2395

도박공간개설등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two months of imprisonment, 8,935,575 won) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The lower court determined the Defendant’s punishment by taking into account the circumstances indicated in its reasoning.

Not only does there are no special changes in circumstances to change the sentence of the court below in the trial, but also it is not determined that the judgment of the court below exceeded the reasonable scope of discretion in full view of all the circumstances that are the conditions for sentencing in this court.

In addition, even if the sentencing grounds revealed in the proceedings of this case, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, and result, are considered again, the sentence imposed by the court below is too heavy or is deemed unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.