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(영문) 수원지방법원 2019.07.05 2018노8234
도박장소개설방조
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one million won of a fine) imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court sentenced the Defendant to a fine of KRW 5 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, or that it is deemed unfair to maintain the sentencing of the lower court as it is, in full view of the following: (a) the conditions of sentencing in the trial; and (b) the fact that the Defendant, while recognizing all the instant crimes in the trial; and (c) the fact that the Defendant reflects his mistake and reflects his fault; and (d) the sentencing guidelines.

In addition, considering the circumstances and results of the instant crime, Defendant’s age, character and behavior, environment, etc. after the instant crime, the sentence of the lower court is appropriate, and it is not deemed that it is too heavy or unreasonable.

Therefore, both prosecutor and defendant's assertion are without merit.

3. The appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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