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(영문) 청주지방법원 2015.09.24 2015노790
한국마사회법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, 10 months of imprisonment, confiscation, additional collection, Defendant B: imprisonment with prison labor for 4 months and additional collection) of the lower court is too unreasonable;

2. The circumstances favorable to the Defendants are as follows.

All the Defendants confessioned the instant crime and are in profoundly against themselves.

Defendant

A has no record of being punished for the same crime before the crime of this case was committed.

Defendant

B actively participated in the instant crime upon Defendant A’s recommendation.

The circumstances unfavorable to the Defendants are as follows.

Defendant

A was led to the instant crime, and there are many benefits accrued therefrom.

Defendant

B around 2014, the instant crime was committed in violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., which was sentenced to imprisonment for 10 months by using a game machine, which used a speculative machine for business, and the execution of the sentence was completed, thereby undermining the will of the people to work in a repeated crime and causing a speculative spirit.

In full view of the grounds for sentencing that the court below stated in detail against the above defendant, the defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the other factors of sentencing as shown in the present case, including the circumstances after the crime, it cannot be deemed that the court below's individual punishment is too unreasonable.

All of the defendants' arguments are rejected.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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