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(영문) 전주지방법원 2013.11.01 2013노1000
한국마사회법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall sentencing conditions of the grounds for appeal, the sentence of the lower court (two months of imprisonment, two years of suspended sentence, two years of probation, one hundred and sixty hours of community service order, and confiscation) is too uneasy and unreasonable.

2. As to the grounds for appeal, the Defendant has been punished three times for the same kind of crime, and in particular, on November 3, 201, the Defendant was sentenced to a suspended sentence of one year for a violation of the Korean Racing Association Act, which is the same kind of crime, and committed a part of the instant crime repeatedly during the suspended sentence, and the Defendant collected money from accomplices and led them to commit the instant crime by gambling and gambling. In light of the fact that the Defendant received money from accomplices and led them to commit the instant crime, it is necessary to strictly punish the Defendant.

However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes and divided in depth; (b) the sum of the instant degrees is not more than KRW 1,562,00; (c) the Defendant is the most likely to support his child; and (d) other factors of sentencing as indicated in the records of the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; (b) the lower court’s punishment is too uneasible and unreasonable; and (c) the Prosecutor’s assertion of unreasonable sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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