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(영문) 수원지방법원 2016.12.07 2016노5378

국민체육진흥법위반(도박개장등)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment, two years of suspended sentence, two years of probation, 80 hours of community service, additional collection 42.5 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the Defendant and the Prosecutor’s assertion of unreasonable sentencing.

The defendant is the first offender in depth, and the defendant's role is an employee employed by H, etc. to charge game money, exchange, and input the result of the game, etc., and the degree of his participation is not significant.

On the other hand, the crime of this case was committed by operating an illegal sports gambling site in a systematic and planned manner with accomplices. The defendant's participation period exceeds one year and six months, and the number of similar sports betting tickets issued exceeds a million won.

In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions for sentencing as indicated in the instant records and pleadings, the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed that it is too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.