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(영문) 서울동부지방법원 2017.09.29 2017노968
도박장소개설등
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, each sentence imposed by the lower court against the Defendants (Defendant A: imprisonment of one year; fine of one million won; imprisonment of six months; imprisonment of six months; fine of two years; fine of one million won; community service time; confiscation) is too unreasonable.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, each of the sentencing of the Defendants appears to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing alleged by the Defendants. In the first instance trial, the mere fact that Defendant A led to the instant crime does not appear to have any special reason to change the above punishment.

Ultimately, the Defendants’ wrongful assertion of sentencing is rejected as it is without merit.

3. In conclusion, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That the part of the judgment of the court below, which stated as if the execution had been postponed with respect to the Defendant B’s senior fine as to the part of the suspension of execution with respect to Defendant B, and where the application of the law of the court below, of the judgment of the court below, omission of entry into the Defendants in the provisional payment order against the Defendants, is a clerical error by mistake. Thus, pursuant to Article 25(1) of the Rules on Criminal Procedure, the above part of the judgment of the court below, ex officio, is suspended

"A change to "," and in the last part of the column for the application of the statute, "1. The addition of "Article 334 (1) of the Criminal Procedure Act" to "Article 334 (1) of the Provisional Payment Order is corrected).

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