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(영문) 서울중앙지방법원 2016.09.23 2016노2765
국민체육진흥법위반(도박등)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence sentenced by the first instance court on the summary of the grounds for appeal (unfair sentencing) (two years of suspended sentence of imprisonment with prison labor for six months, and eight hours of community service) is too unreasonable.

2. Examining the various circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence of the crime, including the fact that the Defendant had the same criminal history, the gambling size of the Defendant in this case is a considerable amount, and there is no change in sentencing conditions to be considered in the appellate trial, etc., it is difficult to view that the sentence of the first instance court is unfair because it is too too unreasonable, even if examining in detail various circumstances, which are conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means,

Therefore, the defendant's argument cannot be accepted.

3. In conclusion, 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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