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(영문) 의정부지방법원 2018.04.10 2017노3640

국민체육진흥법위반(도박개장등)등

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants (the 3 years and 6 months of Defendant A’s imprisonment, confiscation, additional collection of KRW 654.6 million, Defendant B’s imprisonment of one year and 6 months and additional collection of KRW 84.2 million) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. The Defendants appear to have the attitude of recognizing and opposing all crimes, Defendant B was active as team members and did not raise their status, Defendant A was the first offender with no record of punishment, and Defendant B did not have any record of punishment for other crimes except for those sentenced twice to a fine.

On the other hand, the crime of operating a private sports soil site is likely to harm the general public's sound sense of work and cause a relative deprivation of the people who receive wage and salary income from honestly. The nature of the crime is very bad. The crime of this case exceeds 10 billion won even though it is found that the crime of this case was committed very largely and systematically, Defendant A participated in the crime from the beginning at the bottom of the F immediately under the F, and the degree of participation is not less than 65,460,000 won by performing the overall role of opening and operating the site of this case, managing the organization, and operating the management and operation of the organization, and it is not less than 65,460,000,000 won by the fact that the profits from the defendants were revealed. Although the defendants were to receive the number of people, it seems that the defendants were arrested, but the defendants were arrested, and one of the accomplices were unable to undergo an investigation, and the situation was again operated on September 6, 2017 by blocking the connection site of this case.

The investigation records No. 107, No. 804 of the investigation records, Defendant A instructed employees to destroy all materials (the 806th page of the investigation records), and the fact that the Defendants returned to the Republic of Korea after the cellular phone used by the Defendants (the 498th page of the investigation records) is disadvantageous to the Defendants.

. The above.