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(영문) 서울중앙지방법원 2017.07.14 2017노1426

도박공간개설

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Regarding the summary of the grounds for appeal (unfair sentencing) No. 1, the Prosecutor’s grounds for appeal are too unfasible and unfair, and the Defendant’s grounds for appeal are too unfasible and unfair.

2. In the instant case where there is no change in the sentencing conditions that may be considered for the first time in the appellate trial, in full view of various circumstances, including the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means, and consequence of the crime, etc., the first instance trial’s sentencing is too heavy or unreasonable as it goes beyond the scope of discretion, in light of the various circumstances indicated in the column for “reasons for sentencing.”

3. If so, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.