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(영문) 울산지방법원 2018.10.12 2018노780
도박개장
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (2,500,000 won) on the summary of the grounds of appeal is too unreasonable.

2. In full view of the following factors: (a) the Defendant had an attitude to reflect his mistake; (b) the primary offender who has no record of committing an offense, etc.; (c) the sentencing factors that can be considered for the Defendant; (d) the lower court already reduced the amount of fine compared to the summary order by taking account of such favorable sentencing factors as above; and (e) the prosecution has been suspended for gambling aiding and abetting in 2015; and (e) the Defendant’s age, sex, family environment, motive and background of the offense, means and consequence of the offense; and (e) other various sentencing conditions specified in the instant pleadings, such as the circumstances before and after the offense, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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