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(영문) 춘천지방법원 2017.10.12 2017노708
도박개장등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the difference between the opinion of the appellate court and the judgment of the first instance court is different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, even if this court failed to submit new data on sentencing, there is no change in the conditions of sentencing compared with the first instance court, and the Defendant’s health is somewhat insufficient, and even if all the sentencing grounds specified in the argument of the instant case include all kinds of sentencing, the first instance judgment is too excessive and it is not recognized to have exceeded the reasonable scope of discretion.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition (Article 25 (1) of the Regulation on Criminal Procedure; Article 25 (1) of the Regulations on Criminal Procedure provides that "One-person D" of the judgment below is "D"; Article 25 (2) of the Act on the Promotion of Criminal Procedure No. 7 of the Criminal Procedure provides that "one-person card, including one cash card, shall be kept in one form from the above day to April 2017; Article 364 (2) of the Act on the Promotion of Criminal Procedure shall be deleted; Article 6 (1) of the Act on the Promotion of Private Participation (hereinafter "AX") shall be deleted; Article 25 (3) of the Act on the Promotion of Private Participation; Article 6 (2) of the Act on the Promotion of Private Participation (hereinafter "6 (1) of the Act on the Promotion of Private Participation); and Article 6 (2) of the Act shall be applied to "No 6 (2)" of the evidence.

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