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(영문) 부산지방법원 2017.05.11 2017노462

국민체육진흥법위반(도박개장등)

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All appeals by the Defendants are dismissed.

Reasons

The main reasons for appeal are as follows. Each sentence of the court below (one year of imprisonment for each of the defendants A, B: one year and six months of imprisonment for each of the defendants C, and D) against the defendants is too unreasonable.

Judgment

A. The circumstances favorable to the Defendants are recognized, such as Defendant A, B, and C’s confession of the instant crime and reflects in depth the mistake, Defendant A is an initial criminal without criminal punishment so far, and Defendant C has no record of criminal punishment exceeding the fine.

However, the crime of this case is deemed to have been committed on the gambling site by the defendants manufacturing and supplying a similar Internet gambling site, and distributing profits, etc. In light of the contents of the crime such as size, operation period and profit-making, etc., the crime of this case is very heavy. The crime of this case requires severe social harm, such as encouraging the gambling spirit of the general public and hindering sound labor awareness. The operation of the illegal gambling site of this case is for a long time exceeding two years, and the conditions for transactions used for gambling are also 123 billion won. The Korean Criminal Litigation Act, which takes the trial-oriented principle and the direct principle, has unique areas of deliberation regarding sentencing, and there is no change in the sentencing conditions compared with the first instance court, and where the sentencing of the first instance does not go beyond the reasonable scope of discretion, it is reasonable to respect the defendants' age without any change in circumstances (see, e.g., Supreme Court Decision 2015Do2635, Jul. 26, 2015). 205).