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(영문) 서울중앙지방법원 2017.09.22 2017노2600
도박공간개설등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The first deliberation sentence (a year of suspended execution in one year and six months of imprisonment, and a community service order of 160 hours) of the summary of the grounds for appeal (unfair sentencing) is too uneasy and unreasonable.

2. Determination:

A. The prosecutor's ex officio determination on the amendment of the indictment applied for the amendment of the indictment with respect to the crime of violation of the Personal Information Protection Act due to the acquisition of personal information among the charges against the accused, which was omitted at the time of the prosecution, and the party members approved the amendment of the indictment.

However, considering the fact that the content of the amendment of the indictment was only added to the list of crimes which were partially omitted in the facts charged prior to the amendment, and that the violation of the Personal Information Protection Act by the Defendant’s acquisition of personal information is in a lawsuit-related relationship, this is merely merely an addition of the list of omitted crimes. Therefore, it is reasonable to accept it as a correction of the indictment and revise the facts of the first instance judgment.

B. In the instant case where there is no change in the sentencing conditions that may be specifically considered in the appellate court’s determination on the grounds for appeal, in full view of various circumstances, including the Defendant’s age, sex, conduct, environment, health condition, family relationship, motive, means and consequence of the crime, etc., the first instance court’s sentencing is difficult to deem that the Defendant’s sentencing is too unreasonable as it goes beyond the scope of discretion, in light of the overall circumstances indicated in the column for “reasons for sentencing.”

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and is dismissed pursuant to Article 25 (1) of the Rules on Criminal Procedure. In accordance with Article 25 (1) of the Rules on Criminal Procedure, "5,457 persons, such as the attached Table No. 58,772, as in the table No. 1 through No. 3 of the crime committed in the judgment of the court of first instance, are corrected to "105,457 as in the table No. 1 through No. 3 of the crime committed in the annexed Table No. 1-1 of the list of crimes committed in the annexed

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