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(영문) 부산지방법원 2016.08.19 2016노1884

국민체육진흥법위반등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (the penalty amounting to KRW 10 million) is too unreasonable.

2. It is recognized that circumstances such as the Defendant’s deep reflects the instant crime, the benefits derived from the instant crime are not significant, the Defendant did not have the same criminal record, and the Defendant supported his wife and her mother.

However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below because new sentencing data are not submitted in the trial at the court below. The crime related to gambling is likely to cause social harm, such as promoting a speculative spirit in our society and hindering sound labor practice, and opening and operating the Internet illegal gambling site, such as this case, which is likely to facilitate access, and there is a need to severely punish other crimes in order to prevent many people from committing gambling and raise gambling funds. The defendant committed the crime of this case as he did not know who is under the suspension period of the execution of this case and was under the suspension period of the execution of this case, and it seems that the defendant served more important roles than C accomplice who was sentenced to a fine of three million won. In full view of the circumstances and result of the crime of this case, the circumstances after the crime of this case, the defendant's character and behavior, the environment, age, etc., and other various circumstances that are the conditions of sentencing as shown in the records and arguments in this case, it cannot be deemed unfair for the court below.

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.