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(영문) 광주지방법원 2013.12.11 2013노2056
도박장소개설
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this judgment.

Reasons

1. The summary of the grounds for appeal by the Defendants and their defense counsel is unreasonable in light of the following: (a) the Defendants confession the facts charged in the instant case and are in violation of their depth; (b) Defendant A’s crime in this case led by one person G, H; (c) there are family members to support the Defendants; and (d) there are difficulties in the economic situation of the Defendants, etc., each of the lower court’s punishment imposing a fine of KRW 4,00,000 on Defendant A and Defendant B, and a fine of KRW 6,00,000 on Defendant C and D is too unreasonable.

2. Determination:

A. Taking into account the motive and background leading up to the instant crime, the circumstances before and after the instant crime, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, etc., the lower court’s sentence against Defendant A seems to be too unreasonable, since it seems that the Defendant’s above assertion by the Defendant A is too unreasonable, inasmuch as it appears that the Defendant’s punishment against Defendant A is too unreasonable.

B. In light of various factors stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the motive and background leading to the crime of this case, the circumstances before and after the crime of this case, and the age, character and conduct of the above Defendants, as well as the environment, considering the circumstances asserted in each of the grounds for appeal, the lower court’s punishment against the above Defendants is too unreasonable even if it is considered that the above Defendants are too unreasonable.

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