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(영문) 의정부지방법원 2015.12.04 2015노1314
도박공간개설등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below (ten months of imprisonment, two years of suspended sentence, probation, community service, confiscation, and collection) is too uneased.

2. In light of the fact that the crime of this case is highly likely to cause severe social harm, such as promoting a speculative spirit and undermining the citizens’ awareness of sound labor, etc., the crime of this case was committed in a systematic and planned manner, and the content, method, result, etc. of the crime, and the fact that the defendant led and led the crime of this case, the fact that the crime of this case was committed is considered to be disadvantageous to the defendant.

However, in light of the following circumstances: (a) the Defendant recognized the facts of the crime and against his mistake; (b) it appears that the considerable part of the proceeds of the crime of this case will be lost due to additional collection; (c) there is no record of criminal punishment other than the disposition of suspending indictment due to the crime of this type; (d) there is no record of criminal punishment other than the enemy subject to juvenile protective disposition; (b) the Defendant has yet to reach his age beyond his age; (c) the Defendant was detained for two months in the lower court; and (d) it appears that he had an opportunity to reflect his anti-defence and self-defence; and (d) the Defendant’s age, character, conduct, intelligence and environment as indicated in the argument of this case; and (e) the motive and background, means and consequence of the crime of this case; (d) the period and scale of the crime; (e) the degree of business, the circumstances after the crime; (e) family relationship; and (e) the

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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