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(영문) 인천지방법원 2016.09.21 2016노2139

한국마사회법위반(도박개장등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. In light of the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable, even if there is no change in circumstances that could consider the sentencing after the judgment of the lower court, and the sentencing conditions as shown in the instant records and arguments are compared with the reasons for sentencing.

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.

4. The judgment of the court below is reversed in accordance with Article 25 of the Regulation on Criminal Procedure for the Correction of the judgment below.

A. On the 7th page of the judgment of the court below, “the application of the law” was added to “the law” in front of the Korean Marina Act.

B. The phrase “Article 49(1)1 of the Electronic Financial Transactions Act” in subparagraphs 6 through 7 is the phrase “Article 49(4)1 of the Electronic Financial Transactions Act.”

(c)

After Article 35 of the Criminal Act of the Republic of Korea is added to “(except for the crime of violation of the laws of the Republic of Korea (Gambling, etc.)” of the same column 14.

(d)

Article 8 of the “Reasons for Sentencing” column 3 of the “Act on December 2014 to February 2015” means that “from December 2, 2014 to February 2015” is “from February 2015 to February 2016.”