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(영문) 서울중앙지방법원 2016.12.15 2016노3479

한국마사회법위반등

Text

The Prosecutor’s appeal against Defendant A and B and the Defendants’ appeal are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. The public prosecutor (an unreasonable sentencing on Defendant A and B) sentenced by the lower court to the Defendants (an additional collection of KRW 10,52,000,000,000,000,000,000,000,000,000,000,000,000,000 won) are too uneasible

B. The sentence imposed by the lower court on the Defendants A and B (unfair form of punishment) is too unreasonable.

C. Defendant D (1) In fact-finding, the Defendant received a request from Co-Defendant D to participate in the manipulation of the winning by Co-Defendant E, but rejected it, and there was no fact that he actually participated in the manipulation of the winning.

In order to help the defendant to know that the above E is difficult to be in the economic situation, 2 million won is put in the defendant's accommodation room, and it is not paid in connection with the defendant's manipulation.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

(2) The sentence imposed by the lower court on the Defendant (a fine of three million won, two million won penalty) is too unreasonable.

Defendant

C After filing the instant appeal on September 30, 2016, the Defendant failed to submit the statement of grounds for appeal within 20 days from the date on which he/she received the notification of the receipt of the notification of the receipt of the trial records, and the petition of appeal does not contain any grounds for appeal, and no grounds for ex officio investigation may be found even after examining the

2. Determination

A. The amount of money and valuables acquired by the Defendants in return for the manipulation of the winning during the waterway activities belonging to the Korean Racing Association is KRW 52 million in total in the case of Defendant A, and KRW 49 million in the case of Defendant B, who actually participated in the manipulation of the winning, lost the trust in the fair enforcement of the horse, and the Defendants reported the manipulation to the Korean Racing Association to Co-defendant E of the lower court. The nature of the crime was very poor, and the Defendants were to be dismissed.