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(영문) 수원지방법원 2017.01.13 2016노5072
한국마사회법위반등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that each sentence (Defendant A: imprisonment of two years, suspended execution of three years, additional collection of 50 million won, Defendant B: imprisonment of one year and four months, suspended execution of three years, additional collection of 50 million won) declared by the court below to the Defendants is too uneasible and unfair.

2. The crime of this case is deemed to be highly harmful to the general public by encouraging the speculative spirit of the general public, and impeding the awareness of sound labor and causing economic distress, etc. The period of the crime of this case is relatively long-term, and the defendant A has considerable history of being sentenced to each fine on one occasion for aiding and abetting the same criminal, and the violation of the Korean Marina Act. However, even though the defendants are recognized as committing the crime of this case, the defendants are against the crime of this case, there is no history of the same crime or the fine exceeding the fine. The degree of participation in the crime is relatively minor compared to the other accomplices who are the operator of the "F Program" used for the crime of this case. The equity of sentencing with other accomplices and other various sentencing conditions shown in the records and arguments, such as the defendants' age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the punishment imposed by the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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