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(영문) 청주지방법원 2020.05.14 2020노154
국민체육진흥법위반(도박개장등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the Defendant is against the instant crime; (b) did not lead the instant crime; (c) did not stay abroad for a long time to avoid criminal punishment; (d) the Defendant’s punishment is more severe than the sentence imposed by accomplices; and (e) the Defendant did not have the same kind of criminal punishment and criminal punishment.

2. Determination on the grounds for appeal

A. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The circumstances alleged by the defendant as favorable factors for sentencing in the grounds for appeal are deemed to have been fully considered in the original court’s determination of punishment at the original court. There are no new additional circumstances to change the original court’s punishment in the first instance court. Moreover, considering the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and equity with other accomplices already sentenced to the judgment, the lower court’s punishment is deemed to be reasonable and unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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