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(영문) 대전지방법원 2017.11.29 2017노2574 (1)
사행행위등규제및처벌특례법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for ten months of imprisonment, and one hundred and twenty hours of community service order) on the summary of the grounds of appeal is too heavy or unreasonable.

2. Determination is more advantageous to the following: (a) the Defendant recognized the instant crime; (b) the period of the instant crime is short of time and the degree of participation in the crime is not more than A, an accomplice; and (c) there is no record of punishment for the same type of crime.

However, there is a need to strictly punish crimes related to illegal games because they have great social harm and injury, such as encouraging a speculative spirit to the general public and impairing the awareness of sound labor, and there is a history of punishment (gold and suspended execution) that has been punished several times due to a crime of different types of crimes.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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