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(영문) 창원지방법원 2019.10.02 2019노1394
국민체육진흥법위반등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment of the lower court (a fine of KRW 6 million) is too unreasonable.

B. Each sentence of the lower court (a fine of KRW 6 million for the Defendants A, and a fine of KRW 3 million for the Defendants B) against the Defendants by the public prosecutor is too uneased and unreasonable.

2. The lower court determined that the Defendants led to the confession and reflect of the crime, the Defendants were the first offender, and the Defendant A was faithfully provided with gambling treatment after the instant case, taking into account the size and period of each of the instant crimes under the circumstances unfavorable to the Defendants, taking into account the following factors: the Defendants’ age, career, character and conduct, environment, circumstances leading to the crime, and various sentencing conditions specified in the records and arguments, such as the circumstances after the commission of the crime.

Defendant

All the grounds for unfair sentencing alleged by A and prosecutor appear to be the circumstances that the lower court had already taken into account when determining the Defendants’ punishment, and there are no other circumstances to deem that the above sentencing conditions have changed. Considering the above sentencing conditions, the lower court’s punishment is reasonable within the reasonable scope of discretion.

Therefore, the defendant A and the prosecutor's argument are without merit.

3. Conclusion, the appeal by the defendant A and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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