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(영문) 대구지방법원 2017.07.12 2017노703

국민체육진흥법위반(도박등)

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The defendant's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 5 million imposed by the court below is too unreasonable.

2. The judgment of the court below is recognized as the first offender with no criminal history and against his mistake. However, even though it is recognized that the period of gambling by the defendant is relatively long, the frequency of gambling act is large, and the amount is also large. The judgment of the court below seems to have imposed a fine reduced than the punishment of the summary order by fully considering the favorable circumstances for the defendant, and considering all the sentencing conditions stated in the records of this case, such as the defendant's age, sexual behavior, environment, family relationship, etc., the sentence of the court below is too excessive and unfair. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the defendant's appeal is groundless. It is so decided as per Disposition.