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(영문) 부산지방법원 2017.09.12 2017노2146
도박
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won in penalty) is too unreasonable.

2. It is recognized that the defendant, who led to the confession of the crime, repents his mistake, and there is no record of punishment heavier than the fine, and there is no record of punishment for the same crime.

However, the number of times in which the defendant participated in gambling has reached 53 times in total, and the amount is up to 43 million won, and there is no change of circumstances to determine the age, sex, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., in consideration of all of the sentencing conditions in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act on the grounds that the Defendant’s appeal is dismissed. However, in the judgment of the court below, it is obvious that the “influence 6 parallel conduct” of the crime history 6 parallel conduct is a clerical error of “influence and betting,” and it is apparent that the “influence,” which is included in the front of the “influence of the two parallel conduct” in the column for application of the law, was omitted by mistake. Therefore, it

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