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(영문) 대구지방법원 2016.10.14 2015노3859

도박장소개설

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. Although there are favorable circumstances such as the Defendant’s confession of the instant crime and the fact that the Defendant appears to be old and economical conditions, the Defendant continued to commit the instant crime on March 9, 2015, immediately before the instant crime. Meanwhile, even though the Defendant was ordered to suspend indictment on the same crime on the same day as of March 9, 2015, the Defendant had continued to commit the instant crime, taking into account the favorable circumstances for the Defendant, the lower court already reduced the fine notified in the summary order by taking into account the circumstances favorable to the Defendant; there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment; and other factors such as the Defendant’s age, character and conduct, environment, and motive, means and consequence leading to the instant crime, and all of the sentencing conditions specified in the instant case’s records and arguments, such as the circumstances after the instant crime, are unreasonable

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.