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(영문) 서울남부지방법원 2018.03.16 2017노805
국민체육진흥법위반(도박등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. Although the number of the instant gambling crimes and the total sum of the gambling amounts are not many, in full view of the following: (a) the Defendant’s mistake as a principal offender is divided and reflected; and (b) the sentence imposed by the lower court on the Defendant is deemed appropriate, and thus, it cannot be deemed unfair because it is too uneasible, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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