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(영문) 전주지방법원 2013.12.20 2013노1167

도박개장

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, additional collection 222,933,600 won) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination as to the grounds for appeal of this case is recognized as favorable circumstances such as the defendant's recognition of the crime of this case and has no record of punishment for the same kind of crime, the defendant must support his wife and her child who is leading to giving birth around February 2014 as a person with a 6rd disability, and the defendant's family member wanting to keep the defendant's wife while preventing recidivism.

However, the Defendant’s crime of this case, along with the Defendant’s accomplice B, G, and H, received a total of KRW 4,390,228,422 from the general public while opening and operating an overseas Internet gambling site for about 11 months. The crime of this case is necessary to severely punish the social harm by encouraging the citizens’ excessive gambling spirit and hindering sound labor awareness. The Defendant’s allegation of unfair sentencing is without merit, on the grounds that, at the time of the original adjudication, the surcharge is calculated by the entry and withdrawal of the account used for the crime of this case, and the Defendant’s prosecutor’s statement. It is appropriate that the surcharge is calculated by the Defendant’s prosecutor’s statement. The balance of the sentencing with B, other Defendant’s age, character, environment, the circumstances leading to the Defendant’s crime of this case, means and result, etc., and the various sentencing conditions of Article 51 of the Criminal Act as shown in the record of this case, such as before and after the crime.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.