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(영문) 대구지방법원 2021.02.05 2020노3604
도박공간개설
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant F.

Reasons

1. The sentence of the lower court (two years of imprisonment and additional collection, and one year and six months of imprisonment and additional collection) on the summary of the grounds for appeal is too unreasonable.

2. Determination

A. In full view of the following circumstances: (a) the instant crime of this case’s assertion of unfair sentencing by Defendant A requires strict countermeasures to eradicate the crime by promoting a speculative spirit and impairing the awareness of sound labor; (b) Defendant A has no record of being punished in excess of the same kind of crime and fine; (c) the role and degree of participation by Defendant A; (d) the period of commission of the crime; (e) the amount of money; and (e) the equity in the punishment of accomplices; and (e) other various circumstances that are conditions for sentencing as indicated in the instant argument, including Defendant A’s age, sexual behavior, environment, family relationship, motive, means and method of the crime; and (e) the circumstances after the crime.

The decision is judged.

Therefore, Defendant A’s argument of sentencing is justified.

B. In full view of the following circumstances: (a) the instant crime of this case regarding Defendant F’s wrongful assertion of sentencing requires strict measures to eradicate the crime by promoting a speculative spirit and impairing the awareness of sound labor; (b) Defendant F has no record of being punished for the same kind of crime; (c) Defendant F’s role and degree of participation; (d) duration of the crime; (e) amount of money; and (e) equity in punishment with accomplices; and (e) other various circumstances that are conditions for sentencing as indicated in the instant argument, including Defendant F’s age, sexual conduct, environment, family relationship, motive, means and method of the crime; and (e) circumstances after the crime, etc., the punishment imposed by the lower court is heavy.

The decision is judged.

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