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(영문) 부산지방법원 2016.04.08 2016노690

국민체육진흥법위반(도박개장등)등

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Defendant

All appeals filed against the Defendant A by the Prosecutor B and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against Defendant B (one year of imprisonment) is too unreasonable.

B. The Prosecutor (as to Defendant A)’s sentence sentenced by the lower court to Defendant A (as against Defendant A, two years of suspended sentence in imprisonment with prison labor for eight months) is too unhued and unreasonable.

2. Determination

A. As to the Defendant B’s assertion, the following circumstances are acknowledged: (a) Defendant B’s acknowledgement of the instant crime and reflects his mistake; and (b) Defendant B’s charge of acquiring stolen goods on April 19, 2006, etc., without any specific criminal history, except for those sentenced to a fine of KRW 2 million.

However, the crime of this case was committed by Defendant B, at the office of the illegal sports gambling site located in China for the purpose of working at the office of the illegal sports gambling site in China, and left Korea to China for a period of two years and six months, and was in charge of the entry of the results of sports games, membership recruitment, publicity, etc. at the office of the illegal sports gambling site located in the Gamdong-dong in China for a period of two years and six months. In light of the background of the crime, the degree of participation, and the scale of the illegal sports gambling site of this case, etc., the crime was considerably poor. The crime related to the establishment and operation of the illegal sports gambling site of this case was committed by encouraging a large number of people to commit gambling in our society and preventing them from committing gambling and raising the gambling fund, and there is a need to strictly punish them as a crime that is highly malicious to society, such as other crimes to raise the gambling fund, and considering the circumstances surrounding Defendant B’s age, family relationship, the background leading to the crime of this case, and the circumstances before and after the crime, it seems to be too unreasonable.

Therefore, Defendant B’s assertion is without merit.

B. As to the Prosecutor’s assertion, the instant crime was committed upon Defendant A’s request to the branch and illegal sports gambling.