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(영문) 대전지방법원 2014.09.25 2014노938
국민체육진흥법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and community service order) declared by the court below is unreasonable.

2. The judgment that the defendant had no previous penal power, and made a confession and reflects on the defendant's living conditions, and that the defendant's participation in the crime of this case seems to be unfair because of his living conditions, even though the nature of the crime is not somewhat minor in light of the profit from the crime of this case, the degree of the defendant's participation in this case's crime is considered not only minor but also minor. The defendant's participation in this case's crime is considered not to take large profits directly, the defendant has been given an opportunity to reflect during the period of detention, his family members and siblings wanting to take care of the defendant's wife, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, before and after the crime, etc., the prosecutor's allegation of unfair sentencing is without merit.

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

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