국민체육진흥법위반(도박개장등)방조등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The judgment that the defendant repents and reflects his mistake, that the defendant has no record of punishment for the same kind of crime in addition to the punishment of a fine for a violation of the Electronic Financial Transactions Act once by committing a violation of the Electronic Financial Transactions Act, and that the crime of the violation of the National Sports Promotion Act is favorable to the defendant.
However, for a long time, the Defendant was in charge of soliciting access media necessary to operate the illegal sports gambling site and withdrawing proceeds from the crime deposited in the account. At least three to four times a month, the Defendant withdrawn proceeds from the crime of KRW 10 million each time from KRW 5 million. In light of the content of the crime, the crime is not less less than the crime, the Defendant, who is an operator of the illegal sports gambling site, received approximately KRW 10-2 million each time he withdraws cash from P, other than the charge of the illegal sports gambling site, and the Defendant acquired a lot of profits from the crime of this case, such as receiving separate fees each time he withdraws from P.
The fact that the Defendant appears to have been punished for violating the Electronic Financial Transactions Act during the crime period of this case, and the Defendant committed the crime of taking over the access media three times, etc. is disadvantageous to the Defendant.
In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the commission of a crime, and circumstances after the commission of a crime, the lower court’s punishment is too heavy or unreasonable.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.