beta
(영문) 대구지방법원 2018.07.20 2017노1808 (2)

국민체육진흥법위반(도박개장등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is unfair as it is too unfasible.

2. The crime of this case is an offense promoting a speculative spirit and lowering a sound sense of work, and the nature of the crime is not good, and the Defendant, as a general manager of the instant gambling site, publicized many and unspecified people on gambling sites, made them join the gambling site as a member, and made them gambling. The crime liability is not easy.

On the other hand, it is advantageous to the fact that the defendant recognized the crime of this case as well as reflects his mistake, that the period of the crime of this case is not more than two times, that the acquired profit seems not to be significant, that the defendant has no criminal record for the same kind of crime, and that the defendant is living as a sincere member of society without re-offending.

In full view of the above circumstances and all other factors of sentencing as indicated in the pleadings of this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable.

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