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(영문) 대구지방법원 2017.11.23 2017노4038

국민체육진흥법위반(도박개장등)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The lower court sentenced the above punishment by taking account of the following favorable circumstances: (a) the opening and operation of illegal gambling sites, such as the instant crime, such as the instant crime, promoted an excessive gambling spirit of citizens and impeding sound labor awareness; (b) it is highly harmful to society; and (c) it is not eradicated despite continuous control; and (d) it is necessary to impose severe punishment; (c) the Defendant took part in the instant gambling crime organization, which was organized, planned, and professionally engaged in within the repeated crime period, such as the record before the judgment; (d) the Defendant led to the confession and reflect of the instant crime; (e) the Defendant was employed as a staff in charge of bulletin board work; and (e) the fact that the period of participation does not exceed the period of participation; and (e) the actual

In addition to the circumstances considered by the court below, considering all of the sentencing conditions, such as the defendant's age, sexual conduct, environment, health, circumstances leading to the crime, means and result, degree of participation in the crime, scale of the crime and circumstances after the crime, etc., the sentence imposed by the court below seems to be reasonable, and the sentencing judgment by the court below exceeded the reasonable limits of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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.