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(영문) 수원지방법원 2017.11.17 2017노5763
한국마사회법위반(도박개장등)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence of the lower court against the Defendants (Defendant A and B: 8 months of imprisonment, 2 years of suspended execution, 80 hours of community service, 4 months of suspended execution, 1 year of suspended execution, 80 hours of community service) is too uneasy and unreasonable.

2. The lower court, taking into account the favorable circumstances and unfavorable circumstances to the Defendants, sentenced Defendant A and B to the 8-month period of suspended execution to the 2-month period of imprisonment, Defendant C and D, respectively, one year of suspended execution.

When comprehensively taking into account the following factors: (a) the conditions for sentencing in the first instance court; (b) the Defendants did not have the same criminal record; (c) the period of the commission of the crime is relatively short of five months; and (d) the amount recruited is relatively large; and (c) the sentencing guideline was exceeded the reasonable scope of discretion; and (d) the judgment of the lower court exceeded the reasonable scope of discretion.

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the age, sex, environment, circumstances, and result of the crime, etc. of the Defendants, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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