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(영문) 수원지방법원 2014.12.11 2014노5844
한국마사회법위반등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (two months of imprisonment, confiscation, and collection KRW 10 million) is unreasonable.

Judgment

In light of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment of the lower court is unreasonable, taking into account the following factors: (a) the Defendant’s health condition is not good; (b) the Defendant was sentenced to a suspended sentence in 2007; (c) the criminal records of the crime committed in 2009 and 201; and (d) the operation of the private horse business establishment; and (c) the instant crime of this case, such as the operation of the private horse business establishment, requires serious social harm, such as promoting speculative spirit to the general public and hindering sound labor awareness; and (d) the period of the instant crime was not shorter than the period of the crime from June 3, 2013 to November 3 of the same year; and (e) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances of the punishment specified in the instant case.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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