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(영문) 부산지방법원 2018.05.31 2018노936

국민체육진흥법위반(도박등)

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (1,500,000 won) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case and the defendant reflects the mistake, the fact that the defendant has yet to run the crime of this case, and the fact that the defendant has no same power.

However, the crime of this case is deemed to have been committed 12,520,00 won by the Defendant’s access to the private sports gambling site on a total of 22 occasions. In light of the content of the crime, the responsibility for the crime is grave. The Korean Criminal Litigation Act, which takes the trial-oriented principle and the principle of direct supervision, has its own jurisdiction over the sentencing determination, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable circumstances favorable to the Defendant do not fall under a special change of circumstances that could change the sentence of the lower court after the sentence of the lower court was sentenced, and considering all other circumstances, such as the Defendant’s age, sex, environment, etc., the sentence against the Defendant cannot be deemed to be unduly unfair if the lower court’s punishment is taken into account.

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.