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(영문) 부산지방법원 2017.11.30 2017노2549
도박등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, taking into account the circumstances favorable to the Defendant, determined the punishment by reducing the fine amount of the summary order (5 million won), and there is no new change in circumstances that may change the sentence of the lower court in the trial.

When comprehensively taking into account the conditions of sentencing, such as the character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, the reason behind the appeal of this case (the appeal was filed to delay the time of payment of penalty or detention in prison) as shown in the deliberation and arguments at the original court and the party, the lower court’s sentence may not be deemed to have exceeded the reasonable scope of discretion, or to be unfair because it is too unreasonable.

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

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