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(영문) 광주지방법원 2018.05.02 2018노910

국민체육진흥법위반(도박개장등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the penalty of 1 year and six months, the death penalty of 163,00,000) is too unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the judgment unit; (b) the defendant voluntarily surrenders himself; (c) the defendant has been able to repented in depth; (d) cooperation in the procedures for preservation of additional collection of KRW 80,000 at the time of the original trial; and (e) full preservation of additional collection of KRW 83,00,000,000 for the remainder of additional collection; and (e) there are no criminal records exceeding the same kind

However, the crime of opening Internet gambling is a crime that encourages the gambling spirit of the general public and undermines the awareness of sound labor, and there is a significant social harm. The crime of this case was committed systematically and systematically in the presence of many accomplices by setting up a server in Thailand, Vietnam, etc., and taking charge of key roles such as opening and operating a gambling site, in particular, the defendant was in charge of the principal role such as opening and operating a gambling site, and the business period is considerably long and its profits are expected to have been considerable, and in full view of various sentencing conditions as shown in the argument of this case, it cannot be deemed that the sentence of the court below is too unreasonable. Thus, the above argument by the defendant is without merit.

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