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(영문) 광주지방법원 2015.11.03 2015노2191

국민체육진흥법위반등

Text

The Defendants’ appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (eight months of imprisonment) is too unreasonable.

B. Defendant B’s imprisonment (eight months of imprisonment) is too unreasonable.

2. The Defendants conspired to operate the illegal sports earth site in a systematic manner, and operated the illegal sports earth site. The social harm caused by the illegal sports earth site is considerably high, the amount of the illegal sports earth site to KRW 13.5 billion, Defendant A mainly manages domestic funds, Defendant B does not play a role in recruiting the site users in Korea. Defendant B does not play a role in operating the illegal sports earth site for more than one year, and the defendants are against the defendants. Defendant B contributed KRW 10 million to social welfare community fund-raising association at the court of the party branch; Defendant B contributed KRW 10 million to the same social welfare fund-raising association; the defendants did not have the ability to be subject to criminal punishment for the same kind of crime; and other favorable sentencing factors such as the defendants’ age, character and conduct, motive, means and consequence of the crime, and circumstances in the records and arguments of this case, etc.

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