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(영문) 부산지방법원 2020.04.21 2020노419
도박공간개설
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. The lower court determined a sentence by taking into account various factors of sentencing, including the fact that social abolition is serious due to the instant crime, the scale of gambling and the degree of participation of the Defendant, the fact that there was a history of being sentenced to suspended execution due to the crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents, and

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the defendant's assertion of unreasonable sentencing is without merit.

3. In conclusion, the defendant'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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