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(영문) 대구지방법원 2013.10.11 2013노1262
국민체육진흥법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (the defendant A: imprisonment of eight months, the suspension of execution of two years, the community service work 120 hours, the defendant B: the fine of fifteen million won) declared by the court below to the defendants is too uneasible.

2. Although the crime of this case was committed under the unfavorable circumstances such as the production and distribution of a program that promotes speculation and the quality of the crime is not good, Defendant A’s profits from the crime of this case are not sufficient, Defendant B committed the crime of this case without being aware of the fact that the crime of this case was committed during the suspended execution period, even though Defendant B was under the suspended execution period, all of the crimes of this case. The Defendants confessioned and resisted the crime of this case, the Defendants do not produce and distribute the program professionally by modifying the existing program. Defendant A was the first offender in the case of Defendant B, Defendant B was not directly involved in the sale or distribution of the program of this case, Defendant B did not have the same power, Defendant B was not directly involved in the sale or distribution of the program of this case, and other factors such as the age, character and conduct, environment, the motive and consequence leading up to the crime of this case, its consequence, and the circumstances after the crime, etc., the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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