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(영문) 부산지방법원 2018.04.27 2017노4580
도박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to two million won, confiscation) 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 does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The fact that the Defendant recognized the instant crime is favorable to the Defendant.

However, the court below seems to have determined the punishment in consideration of the favorable circumstances, and there is no change in circumstances that can be considered newly in the sentencing after the decision of the court below.

In addition, considering the circumstances leading up to the participation of the Defendant in the instant gambling along with other stuffs in the instant crime, and the frequency and scale of gambling, its social harm, equity in punishment and punishment, as well as various circumstances that are conditions for sentencing under Article 51 of the Criminal Act, the sentence of the lower court is too unreasonable.

The defendant's argument of sentencing is without merit.

3. 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 groundless.

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