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(영문) 광주지방법원 2020.05.26 2019노1095

도박공간개설

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not less than eight months, two years of suspended sentence, 80 hours of community service order, 25 to 30 hours of confiscation, 2,335,00 won of confiscation) of the lower court is too unreasonable.

2. A favorable circumstance is that the Defendant is the primary offender and recognized the instant crime, and that the degree of participation of the Defendant in the instant crime is relatively large, and that the Defendant appears to have not much earned profits from the instant crime.

On the other hand, the crime of this case, which promotes the general public's gambling, is very serious to cause social harm and harm, and the online gambling operated systematically with a server in a foreign country, requires strict punishment for the participants because it is difficult to detect and punish them, and the defendant's participation in the crime for a long time is disadvantageous.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, it cannot be deemed that the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

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