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(영문) 창원지방법원 2017.09.28 2017노1160
사행행위등규제및처벌특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendants (two years of suspended sentence for one year of imprisonment, and two years of suspended sentence for eight months of imprisonment) is too unfasible.

2. The crime of this case on the basis of the following facts: (a) the commission of the crime of this case on the basis of the encouragement of an excessive speculative spirit and undermining the awareness of sound labor; and (b) Defendant A was sentenced to a fine once for the violation of the Game Industry Promotion Act; and (c) Defendant B had the record of being sentenced to a two-time suspension of execution due to aiding and abetting the violation of the Act on Special Cases concerning Regulation

However, in full view of the following circumstances: (a) the Defendants recognized the entire crime; (b) the period of the instant crime is not longer than one month; (c) there is no criminal conviction or heavier than a stay of execution; (d) there is a family member to support Defendant A; (c) the degree of the Defendants’ participation in the instant crime is minor; and (d) other various circumstances, which form the conditions for sentencing as shown in the instant records and pleadings, including the Defendants’ age, environment, sexual conduct, circumstances before and after the instant crime; and (e) there is no reason to deem that each sentence imposed by the lower court is too una

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

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