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(영문) 광주지방법원 2018.01.16 2017노2501
한국마사회법위반(도박등)
Text

Defendant

All appeals filed by D and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that Defendant D’s punishment is too unreasonable because it is too unreasonable for the court below to impose the sentence, and the prosecutor asserts that the sentence against Defendant A is too unhued and unfair.

2. Defendant D’s assertion of unfair sentencing is that the Defendant recognized all of the instant crimes.

However, the crime of this case was committed by the defendant for a period of ten months, with a large amount of 120 million won in total, and over a long period of time, and the nature of the crime is not easy.

The defendant has been punished by a fine for gambling once for the crime of gambling.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, and sentencing of similar cases as indicated in the instant records and arguments, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed unfair because it is too unreasonable.

3. It is true that the Defendant had been punished several times by committing an gambling-related crime, with respect to the prosecutor’s improper argument about sentencing against Defendant A.

However, all of the crimes of this case are recognized by the Defendant. Since the crime of this case was established at the gambling place in the judgment of the court below, which is the same kind of crime, and the crime of this case is one of the concurrent crimes after Article 37 of the so-called Criminal Code, the equity should be considered in the case where the instant case

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, background of the crime, circumstances after the crime, and sentencing of similar cases as indicated in the instant records and arguments, the lower court’s punishment is consistent.

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