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(영문) 의정부지방법원 2018.02.06 2017노3491

국민체육진흥법위반(도박개장등)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (one year of imprisonment and additional collection) is too unreasonable.

2. The Defendant is making a confession of the instant crime.

There is no record that the defendant is punished for the same crime or is punished beyond a fine.

Meanwhile, from March 2014 to July 2017, the Defendant, along with D and other accomplices, operated an illegal sports soil entertainment site using a foreign server from the office of China and Vietnam for about three years and four months from July 2017, and received money from many unspecified members as a price for filling game money, up to 15.5 billion won in total. As such, the Defendant’s criminal liability is heavier in light of the motive and method of the crime, the period and frequency of the crime, the place of the crime, and the criminal proceeds.

In addition, this crime can be easily contacted by the general public, and it is necessary to promote a speculative spirit to the people and to decrease their sound work consciousness by inducing many unspecified people through a considerable Internet site.

The Defendant asserted that the net E operated the above illegal sports entertainment site and that he received remuneration of KRW 5 million per month from E, but the Defendant acquired criminal proceeds exceeding KRW 475 million during the period of the crime, and accomplices, such as G and H participated in the crime under the direction of the Defendant.

In light of the fact that the defendant made a statement, he seems to operate the above gambling site.

In full view of the above circumstances, the lower court appears to have sentenced the Defendant to the punishment, and there is no change in the special sentencing conditions after the sentence of the lower judgment.

In full view of the above circumstances and other various sentencing conditions, such as the defendant's age, sex, intelligence, environment, and circumstances before and after the crime, etc., the sentence imposed by the court below is too unreasonable.