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(영문) 부산지방법원 2016.12.16 2016노3616

국민체육진흥법위반(도박개장등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment with prison labor and two years of suspended sentence) is too uneased.

2. The crime related to gambling is highly harmful to our society, such as encouraging speculative spirit and hindering sound labor, and opening and operating the Internet illegal gambling site, such as this case, requires strict punishment by allowing many people to refrain from gambling. In particular, in order to avoid the legal network, the crime of this case is committed in a planned and organized manner, such as using a server in a foreign country and deposit passbook in another person's name, which is not good. The defendant has served as an employee of the call center of the illegal gambling site for more than one year, and played an important role in managing its members, etc., while working as an employee of the call center of the illegal gambling site, and considerable profits from the crime of this case are disadvantageous.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared with the court below because new sentencing data are not submitted in the court below. The defendant reflects the defendant's depth in the crime of this case, the defendant was employed by C and was an employee in a monthly salary, cooperation in the investigation, the defendant did not have any previous fault, and other circumstances that form the conditions of sentencing as shown in the records and arguments of this case, including the circumstances after the crime was committed, the character and conduct of the defendant, the environment and age of the defendant. In full view of the circumstances and the result of the crime of this case, the sentencing of the court below is too 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.