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(영문) 광주지방법원 2017.09.21 2017노30
국민체육진흥법위반(도박개장등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution in the month of imprisonment with prison labor, two years of suspended execution, and one hundred and twenty hours of community service) is too unhued and unreasonable.

2. Taking into account the circumstances revealed in the instant pleadings, such as the Defendant’s age, sexual conduct (the first offense), environment, motive and consequence of the crime, degree of participation in the crime (the leading role is not), and circumstances after the crime (a confession and reflectivity), the lower court’s punishment is too uneasible and it is not deemed unfair. Accordingly, the Prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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