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(영문) 수원지방법원 2016.06.29 2016노2698

국민체육진흥법위반(도박개장등)방조등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The Defendant established a legal entity with no substance, opened a deposit account in its name, and provided relevant access media to accomplices who operate illegal gambling sites.

This is not only easy to operate illegal gambling sites, but also a crime that impairs the safety performance and reliability of electronic financial transactions, so there is a need for punishment accordingly.

On the other hand, the defendant reflects the crime, and the defendant takes the lead in the operation of the illegal gambling site and obtains the main profit seems to be other accomplices.

In addition, comprehensively taking into account the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that constitute the conditions for sentencing, the sentence of the lower court is too heavy or unbrupt and is unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

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