Text
Defendant
B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of Defendant B (two years of probation, one hundred and sixty hours of probation, one hundred and sixty hours of community service, confiscation) by the lower court is too unreasonable.
B. The Prosecutor’s respective sentence (two years of probation, one hundred and sixty hours of probation, one hundred and sixty hours of community service, confiscation) of the lower court’s imprisonment, respectively, is unreasonable.
2. In light of the circumstances that the Defendants recognized their mistakes through the prison life for about 12 months and against the Defendants, including the fact that they had no record of criminal punishment for about 12 years, and the circumstances favorable to the Defendants, such as the fact that the instant crime is in need of a strict punishment, such as promoting a general public’s spirit of gambling and undermining their desire to work, and the fact that the records of punishment for the same kind of crime are included several times, the Defendant A was disadvantageous to the Defendants, and other factors of sentencing indicated in the records, such as the motive and background leading up to the instant crime, the circumstances after the crime, and other circumstances of sentencing, such as the Defendant’s age, character, conduct, and environment, the lower court’s punishment imposed on Defendant B is too heavy, or the sentence imposed on the Defendants is too unreasonable. Thus, all of the grounds of appeal by the Defendant B and the Prosecutor are without merit.
3. As such, the appeal by Defendant B and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.