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(영문) 서울중앙지방법원 2015.05.22 2015노1185
사행행위등규제및처벌특례법위반등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The sentencing of the first instance court (the sentencing of Defendant A: imprisonment with prison labor for one year; and Defendant C: fine of three million won) on the summary of the grounds for appeal (the sentencing of Defendant A) is deemed unreasonable.

2. In full view of the circumstances leading up to the instant case, the details and form of the crime, the Defendants’ attitude, and the same kind of punishment to Defendant A, but the last punishment is 2011, Defendant C did not focus on the degree of participation, and other various circumstances that form the conditions for sentencing in the records, such as the Defendants’ age, character and conduct, environment, family relationship, and circumstances after the crime, the first instance judgment against the Defendants cannot be deemed unfair, and thus, the Prosecutor’s allegation of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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