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(영문) 광주지방법원 2017.10.11 2017노2958
도박장소개설
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing against the Defendants is too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Considering that the nature of the crime of this case is not good, Defendant A’s habitual gambling criminal records at several times, Defendant B’s habitual gambling criminal records at several times, and Defendant B again committed the crime of this case despite the fact that the same had been established at several times, strict punishment against the Defendants is necessary.

However, considering the following factors: (a) the Defendants’ mistake was divided by each other; (b) the Defendants’ previous conviction was long; (c) there was no criminal conviction against the Defendants; and (d) the Defendants’ age, sexual conduct and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the Defendants and the prosecutor’s allegation are too heavy or unreasonable. Therefore, the Defendants and the prosecutor’s allegation are without merit.

3. As such, the appeal by the Defendants and the public 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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