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(영문) 서울중앙지방법원 2014.05.09 2014노1082
국민체육진흥법위반등
Text

All of the appeals filed by the prosecutor against the Defendants and Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal by both parties: Unfair sentencing; and

2. In light of the following: (a) the lower court’s determination on the grounds of appeal as well as multiple sentencing factors appropriately explained in the reasoning of the judgment; (b) the Defendant A was subject to a criminal punishment of KRW 3 million for a fine of KRW 2 million for gambling at the point of time on December 26, 2012; and (c) the Daejeon District Court 2013No2097 for repeated gambling at June 2013; and (d) the Defendant was under trial at the Daejeon District Court 2013No2097 for the commission of the instant gambling, etc.; (b) the nature of the instant crime cannot be deemed to be negligible, such as: (c) the process and degree of participation of each of the Defendants; (d) the Defendants’ age and occupation; (e) the means and consequence of the instant crime; and (e) the circumstances after the commission of the crime; and (e) other various factors in the records and arguments, etc., the sentence against the Defendants is determined to be adequate.

3. According to the conclusion, the prosecutor’s appeal against the Defendants and the Defendant A’s appeal are without merit, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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