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(영문) 광주지방법원 2016.11.30 2016노1592
한국마사회법위반(도박등)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (i) the sentence imposed by the lower court on the Defendants (i.e., fine of KRW 15 million, confiscation, (ii) Defendant C: one year of suspended execution of imprisonment; two years of probation; one year of probation; one hundred and twenty hours of community service order; and confiscation) is deemed to be too uneasible and unfair.

2. The crime of this case was committed by the Defendants through gambling at the private horse site, and Defendant C committed the crime of this case without being sentenced to imprisonment for eight months on January 9, 2013 and without being sentenced to a repeated crime on July 24, 2013, because the crime of this case was committed by the general public to promote a speculative spirit, thereby causing serious social harm, such as impairing the sound sense of work and impairing the family life, and thus, it is necessary to strictly punish the crime. Defendant B was sentenced to a fine of two hundred thousand won on the last 1991, and Defendant B committed the crime of this case without being sentenced to imprisonment for eight months on July 24, 2013.

On the other hand, there is no record of punishment for the same kind of crime, there is no record of punishment since 1997, and Defendant C has not operated a private horse site.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendants’ age, character and conduct, and environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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