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(영문) 대구지방법원 2020.11.06 2019노4413
국민체육진흥법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, two years of probation order, and community service order) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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.

(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant, taking into account favorable circumstances, such as the following: (a) the crime of this case was committed under the circumstances indicated in its holding, namely, that there is a need to strictly cope with social harm to eradicate the crime by promoting speculative spirit and undermining sound labor awareness; (b) the number of sites operated by the Defendant; (c) the period of the crime; (d) the amount of the crime was heavy; and (e) the Defendant appears to have returned voluntarily after leaving the Republic of Korea after the crime of this case; (e) the Defendant recognized his mistake and against the Defendant; (e) there is no special circumstance or change of circumstances to change the sentence of the lower court; and (e) the Defendant’s age, character and conduct, motive, means and consequence of the crime, etc.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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