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(영문) 의정부지방법원 2013.11.07 2013노1762
도박
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of KRW 300,00) is too unreasonable.

2. Although the crime of this case is a contingent crime, there are circumstances such as the fact that the defendant does not have the same criminal power, the fact that gambling money is not large, and the defendant is divided in depth of his mistake, the crime of gambling is not proper in the nature of the crime, and the sentence of the court below is not likely to lose balance compared with the sentence for the same and similar criminal, and it does not seem that the balance should be taken into account in the punishment with B, and other circumstances leading to the crime, the defendant's age, character and behavior, family environment, and the circumstances after the crime, etc., in light of all the sentencing conditions indicated in the records of this case, it cannot be deemed that the sentence of the court below against the defendant is too unfair.

3. 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.

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