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(영문) 청주지방법원 2014.11.13 2014노731

사행행위등규제및처벌특례법위반

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

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

2. The crime of this case committed is a situation unfavorable to the Defendant, where the Defendant received or manufactured the instant speculative instruments, and the nature of the crime is very good, the number of the repaired or manufactured speculative instruments is not significant, and the Defendant committed the instant crime as long as it had a record of having received a summary order of KRW 3 million due to the same criminal act in around 2011, even though it had been sentenced to a fine of KRW 3 million due to the same criminal act, etc.

On the other hand, the fact that the defendant recognized a mistake and reflects it, and that there is no record of criminal punishment other than the above like criminal records, etc. are favorable to the defendant.

In full view of these circumstances and other factors of sentencing, including the Defendant’s age, occupation, family relationship, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc., the lower court’s punishment is deemed to be reasonable and deemed to be excessively heavy or unreasonable. Thus, each of the grounds for unfair sentencing by the Defendant and the prosecutor are without merit.

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