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(영문) 대구지방법원 2016.09.02 2015노2532
상습도박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant is improper because the punishment (a fine of KRW 15 million) declared by the court below is too unhued.

2. The judgment of the defendant has been punished seven times for the same crime. In particular, on July 11, 2013, the defendant was sentenced to two years of suspension of imprisonment with prison labor for a year of habitual gambling at the Daejeon District Court on July 11, 2013, and the judgment became final and conclusive on October 24, 2013, and he again committed the instant crime without being aware of the fact that he/she again committed the instant crime. However, on the other hand, he/she is in opposition to the confession of the defendant during the period of suspension of execution. Meanwhile, it is difficult to view that the defendant was under confinement for about five months due to the instant crime, and that the defendant was under confinement for about five months, and the defendant seems to have been under confinement, and there is no other reason to believe that the court below's assertion that all the conditions of sentencing and pleading in the instant case, such as the defendant's age, character and character, environment, motive and circumstance leading to the instant crime, means and result after the instant crime, are unreasonable.

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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