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(영문) 광주지방법원 2017.04.27 2016노1841
국민체육진흥법위반(도박개장등)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (the fine of KRW 7 million for Defendant A, and the fine of KRW 8 million for Defendant B) is too unreasonable.

2. The defendants are first offenders, and the defendants are aware of their mistakes, and are against the defendants, are favorable circumstances to the defendants.

However, in light of the above facts, the lower court’s punishment against the Defendants is too excessive and is not deemed unfair, considering the following factors: (a) the Defendants were punished by a fine relatively lower than the other Defendants; and (b) the Defendants’ age, sex, environment, motive and consequence of the commission of the crime; and (c) the motive and consequence of the crime; and (d) the circumstances after the commission of the crime, etc., the lower court’s punishment against the Defendants is not acceptable. Therefore,

3. The Defendants’ appeal is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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