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(영문) 부산지방법원 2017.09.05 2017노1593

국민체육진흥법위반(도박등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (5,000,000 won) against the Defendant on the gist of the prosecutor’s grounds of appeal is too unhued and unreasonable.

2. The instant crime was committed by the Defendant by accessing the private sports gambling site to deposit KRW 307,170,000 via 243 times. Considering the content of the instant crime and the scale of the money, the circumstances unfavorable to the Defendant, such as the fact that the liability for the instant crime was heavy, are recognized.

However, it is reasonable to respect the defendant's confession of the crime in this case and reflects his mistake in depth, the defendant has no record of being punished for the same kind of crime, and the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing does not exceed the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant, which were recognized above, do not constitute a special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not seem unfair because the sentence of the court below against the defendant is too unfeasible, considering all the circumstances surrounding the sentencing specified in the arguments in this case, such as the defendant's age, sexual behavior, environment, etc.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.