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(영문) 수원지방법원 2016.05.19 2015노5981
도박개장등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unlawful in sentencing) is that the defendant had been sentenced three times to a fine due to the crime of gambling and the crime of opening gambling and the crime of opening gambling, and all the money at the time committed the crime of gambling in the amount of KRW 200 million. The crime of this case is not good that the defendant led the defendant to open the gambling with only KRW 00,000 and took part in gambling for himself. In light of the fact that the crime of this case is not good that the defendant was committed, the court below’s sentence of imprisonment for one year of suspension of execution and fine of KRW 2 million, protection observation, and community service order of KRW 240 hours is too unreasonable.

2. In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfeasible and unreasonable, even if considering the circumstances alleged in the grounds of appeal, given that the Defendant’s mistake is against the Defendant, the benefits acquired by the Defendant are not much high, the Defendant did not have any history of punishment exceeding the fine, and all the conditions of sentencing as indicated in the records and arguments, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime. Therefore, the foregoing assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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