beta
(영문) 수원지방법원 성남지원 2020.06.17 2020고단894

국민체육진흥법위반(도박개장등)등

Text

Defendant

A Imprisonment with prison labor of two years and fines of ten million won, Defendant B, C, and D shall be punished by imprisonment with prison labor of one year and fine of five million won.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Part of each police interrogation protocol against the Defendants

1. A copy of the seizure record, a copy of the seizure list, and a photograph of seized articles;

1. Domestic investigation reports (suspects' specific details and the details of receipt of the case), investigation reports (as to field photographs), investigation reports (as to attachment of documents owned by C, B), investigation reports (as to the output of seized USB files), digital evidence analysis reports, and details of analysis, and application of statutes on account transactions to be submitted by Defendant A;

1. The Defendants of relevant laws on criminal facts: Article 47 Subparag. 2, Articles 26 (1), and 53 of the National Sports Promotion Act, Article 30 of the Criminal Act (including similar acts to issue and refund sports betting tickets), Articles 247 and 30 of the Criminal Act (including the opening of gambling spaces, and all them);

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Imprisonment with prison labor and fine; and

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

1. Defendants subject to suspended execution: Article 62(1) and (2) of the Criminal Act (with respect to imprisonment, consideration of favorable circumstances, etc. among the following reasons for sentencing):

1. Defendants of the community service order: The grounds for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. were organized for a period of time near four years and operated the sports gambling site and obtain considerable profits.

In particular, even though Defendant A was punished three times for the same crime or a fine, it is necessary to lead the crime by attracting accomplices.

However, the defendants are against the defendant, and the defendant A voluntarily surrenders to the part of the crime, there is no previous difference between the defendant B and C, and the defendant D is an initial crime without criminal punishment.

In addition, the defendants' age and health, family relations and living environment, the details, results, and degree of participation in the crime, and after the crime.