대구지방법원 2017.09.01 2017노2669



The defendant's appeal is dismissed.


1. The sentence imposed by the lower court (one year and six months of imprisonment, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. In full view of the following factors: (a) illegal gambling site operation act encourages the gambling spirit of the general public and undermines the awareness of sound labor; (b) social harm is very high; (c) the crime of this case was committed by multiple persons on a systematic basis; and (d) the scale of transactions used for gambling was significant; (b) the Defendant served as an essential role in the crime of this case, such as participating in the overall operation of the Vietnam gambling site along with X; and (c) other factors of sentencing specified in the records and arguments, such as the Defendant’s age, sexual behavior, environment, circumstances leading to the crime; and (d) the circumstances after the crime, etc., taking into account that the Defendant recognized and against the instant crime; and (e) it appears that the degree of participation compared with X is not excessive, it does not seem unfair because the sentence imposed by the lower court is too excessive.

Therefore, the defendant's assertion 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.