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Escopics
Defendant
Appellant. An appellant
Defendant
Prosecutor
An office of choice, an office of gambling support (prosecutions), Kim Jong-soo (public trial)
Defense Counsel
Attorney Kim Ho-ho (Korean National Assembly Line)
Judgment of the lower court
Chuncheon District Court Decision 2016Da1154, 1318 (Consolidated), 1342 (Consolidated) Decided November 3, 2016
Text
The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)
A. The defendant did not commit each crime stated in the facts constituting the crime in the judgment below.
B. Even if guilty, the lower court’s imprisonment (two years of imprisonment) is too unreasonable.
2. Determination
A. Judgment on the assertion of mistake of facts
According to the evidence duly adopted and examined by the court below, it is recognized that the defendant committed each crime listed in the facts constituting the crime in the judgment of the court below. Therefore, the judgment of the court below is just and there is no error of law that affected the conclusion of the judgment
B. Determination on the assertion of unfair sentencing
Considering the fact that the Defendant has been punished several times as violent crimes, in particular, the Defendant committed each of the instant crimes during the repeated crime period due to the crime of injury, damage to property, interference with business, insult, etc., committed multiple crimes in a short period, committed a number of short-term crimes, and did not seem to have been completely divided, and the damage was not recovered, as well as the unfavorable circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various circumstances that are the conditions for sentencing specified in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair. The Defendant’s assertion of unfair sentencing is without merit.
3. Conclusion
Since the appeal by the defendant is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges Lee Chang-he et al. (Presiding Judge)