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(영문) 대전지방법원 2016.09.08 2016노1949
도박장소개설방조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months, confiscation, and collection of penalty) of the lower court against the Defendant is deemed unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, with knowledge of the fact that the Defendant would be used as a means of criminal act, by opening a deposit account in the name of himself/herself and N and transmitting an access medium, thereby committing an act of aiding and abetting in a case where multiple persons commit a crime systematically by sharing

However, in full view of the fact that there was no criminal records that exceed the same kind of punishment or fine for the defendant, and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the court below's sentence against the defendant cannot be deemed unreasonable because it is too un

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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