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(영문) 인천지방법원 2020.06.12 2020노675
국민체육진흥법위반(도박개장등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (the penalty of 1 year and June, 9,607,700 won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In addition, considering the records and arguments of this case, there is no change of circumstances that may be considered in sentencing after the judgment of the court below, and considering the various sentencing conditions as shown in the records and arguments of this case, even if considering the fact that the defendant acknowledges and reflects all crimes in the trial, and other circumstances the defendant asserts as the grounds for appeal, the sentence of the court below is too unreasonable.

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

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