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(영문) 수원지방법원 2016.11.11 2016노5085

국민체육진흥법위반(도박개장등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, two years of suspended execution, and two hundred hours of community service order) is too unhued and unreasonable.

2. The crime of this case was committed in collusion with multiple accomplices to operate an illegal Internet gambling site and to maintain and repair the program, and is disadvantageous to the fact that the crime of this case was committed.

However, considering various sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., including the period and degree of the Defendant’s participation in the crime, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unreasonable.

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