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(영문) 부산지방법원 2019.10.17 2019노2363

국민체육진흥법위반(도박개장등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. The lower court determined a punishment by taking account of various factors of sentencing, such as the fact that the Defendant took part in a large amount of 19 months in the operation of an illegal gambling site, the role of the Defendant’s performance in the course of operating the illegal gambling site, cooperation with the investigation, the violation of his/her mistake, and only the fact that he/she has been punished once by a fine for a double type.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the defendant's assertion of unreasonable sentencing is without merit.

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