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(영문) 인천지방법원 2014.07.18 2014노1217
사행행위등규제및처벌특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of fine) is too unreasonable.

2. The fact that the Defendant made a confession and reflects all the crimes of this case, and that there is no record of punishment for the same kind of crime, etc. are favorable circumstances.

However, in full view of the following: (a) the crime of this case leads to the promotion of an excessive speculative spirit for the general public; (b) the size of the crime is significant; and (c) the crime is inferior in light of the methods of forging a lease contract under the name of a lessor to apply for business registration; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, happiness and family environment; and the circumstances before and after the crime, etc., the sentence of the lower court against the Defendant is too 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.

(However, since it is apparent in the summary of the evidence in the judgment of the court below that the "1. Investigation Report (Verification of Building Ownership)" was omitted by mistake, it shall be corrected by adding it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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