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(영문) 수원지방법원 2013.07.18 2013노773
도박
Text

The defendant's appeal is dismissed.

Reasons

1. It takes into account the following factors: (a) the Defendant’s recognition of and misjudgments on the Defendant’s assertion of unfair sentencing regarding the Defendant’s assertion of unfair sentencing; and (b) the equitableness with the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, etc. should also be taken into account; (c) the lower court appears to have sufficiently taken such favorable circumstances into account in sentencing; (d) the amount paid by the Defendant to purchase game money was significant; and (e) the Defendant had the record of being sentenced to a fine for the same kind of crime of gambling in 2006; and (e) other various sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, family environment, the background and means of the crime, and consequence of the crime; and (e) the situation before and after the crime; and (e) the attitude of investigation and trial, etc., the lower court’s punishment

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

[However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the summary of evidence in the judgment of the court below shall be corrected ex officio by correcting "1. A previous conviction in the judgment of the court below: a criminal investigation report (in the case of a previous conviction in the trial), a binding of the judgment" to "a previous conviction in the judgment of the court: a supplementary screen

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