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(영문) 전주지방법원 2014.03.28 2014노126
사행행위등규제및처벌특례법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. In full view of the following factors: (a) the Defendant escaped after the instant crime; (b) the Defendant was sentenced one time to a fine for the same kind of crime; and (c) the fact that the Defendant recognized and reflects the Defendant’s criminal act; (d) the equity in the punishment with accomplices; and (e) other factors of sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, and family relationship, the lower court’s punishment is somewhat unreasonable, and thus, the Defendant’s above assertion is well-grounded.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 30 (1) 1 of the Act on Special Cases concerning the Punishment and Regulation of Speculative Acts, etc. concerning criminal facts and selective speculative acts, etc., and Article 30 of the Criminal Act;

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