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(영문) 수원지방법원 2016.10.26 2016노5269
도박개장
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the Defendant and the Prosecutor’s assertion of unreasonable sentencing.

The Defendant recognized and reflected the instant crime.

On the other hand, the crime of this case was established for the purpose of profit-making, and the nature of the crime is not good considering the fact that the defendant played a key role as a general responsibility.

Defendant has been punished several times for the same crime, and in particular, committed the crime of this case during the period of repeated crime for the same crime.

In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions for sentencing as indicated in the instant records and pleadings, the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed that it is too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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