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(영문) 대구지방법원 2019.11.29 2019노3913

국민체육진흥법위반(도박개장등)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant led to the confession of the instant crime and reflects the mistake; (b) there is no criminal record of the punishment imposed or criminal punishment exceeding the fine for the same kind of crime; and (c) the fact that the Defendant only committed the instant crime before it is

However, the establishment and operation of illegal gambling sites, such as the instant crime, are encouraging an excessive speculative spirit and hindering sound labor, and thus, they are highly harmful to society. The continuous crackdowns are not eradicated, and thus requires strict punishment. The Defendant’s direct establishment and operation of gambling sites together with accomplices; the Defendant’s establishment and operation of gambling sites is not short of the period for the Defendant’s crime; there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment; and there is no other special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment; the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; the circumstances after the instant crime; and the criminal records and all of the sentencing conditions shown in the instant records and arguments, such as criminal records, cannot be deemed unfair. Therefore, the Defendant’s assertion is without merit.

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