국민체육진흥법위반(도박개장등)등
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Determination is the circumstances favorable to the Defendant, such as the fact that the Defendant led to the confession of each of the instant crimes, the fact that he voluntarily returned to Korea after submitting a self-denunciation certificate for some of the instant crimes, the first offender, and the fact that he was reduced for about one month in Thailand as a result of the instant crimes.
However, the establishment and operation of illegal gambling sites, such as the crime of this case, are promoting an excessive speculative spirit and hindering sound labor awareness. It is highly harmful to society. Since it is not eradicated despite continuous crackdowns, it is necessary to severely punish the illegal act because it does not fall short of the period of the defendant's crime, and the amount deposited and withdrawn from the money is a large amount of billion won, the degree of the defendant's participation in the crime is not easy, and there is no special circumstance or change of circumstances that may be newly considered after the sentence of the judgment of the court below, and considering all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, the motive and background leading to the crime of this case, the means and consequence after the crime, the circumstances after the crime, etc., the defendant's assertion is without merit. Therefore, it is not reasonable to deem that the defendant's punishment imposed by the court below is inappropriate.
3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the court below ex officio dismissed "Article 48 (4) of the National Sports Promotion Act" as "Article 48 (4) of the National Sports Promotion Act" in the application of the corresponding provision of the Act on Criminal Procedure.
.