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(영문) 부산지방법원 2020.10.08 2020노2448

국민체육진흥법위반(도박개장등)등

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The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

In light of the following: (a) there is no change of circumstances to consider the sentencing after the judgment of the court below; (b) there is a significant amount of social harm caused by the operation of the illegal gambling site; and (c) the Defendant was involved in the crime for about 20 months and the period is shorter; and (d) accomplices continued to engage in the crime even when they were arrested and are under investigation; and (e) confessions and reflects the conditions of all the sentencing shown in the records and arguments of this case, the sentencing of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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.