logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.04.10 2014노296
사행행위등규제및처벌특례법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (eight months of imprisonment) is too unhued and unfair.

B. The punishment sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.

2. The grounds for appeal by the public prosecutor and the defendant are also examined;

In light of the fact that the defendant had already been punished for the same kind of crime, the defendant operated the illegal game site of this case with a large scale, and the crime of this case has caused speculative acts and has great social harm, etc., the defendant should be punished strictly. However, the fact that the defendant led to an economic difficulties in the confession of all the crimes, the fact that the defendant committed the crime of this case more than five years after being punished for the same kind of crime, the period of operation of the game site of this case, the fact that the defendant did not have any specific criminal power, etc. are favorable to the defendant.

Considering all the above circumstances and various sentencing conditions as seen in the record and pleadings, the lower court’s punishment cannot be deemed to be too light or harsh.

3. If so, the appeal by the prosecutor and the defendant is without merit, and it is so decided as per Disposition under Article 364(4) of the Criminal Procedure Act.

arrow