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(영문) 대구지방법원 2016.10.19 2016노1134
도박공간개설등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment with prison labor for a period of ten months suspended execution, and five million won of additional collection) declared by the court below is too uneased and unreasonable.

2. The crime of this case is acknowledged that the Defendant, in collusion with C, etc., organized an illegal sports gambling site and operated an illegal sports gambling site, provided property and property benefits to persons who correctly predicted the result, and opened gambling space for the purpose of profit-making. The crime of this case is highly harmful to society, such as encouraging speculative spirit to many unspecified persons and hindering sound labor awareness, and the crime of this case was committed systematically, planned, and professionally, and the amount of gambling funds deposited from its members is very large.

However, considering the first offense, the Defendant’s mistake is divided into one another, and it appears that he did not play a leading role in the crime of this case, the period and profits of the crime, the degree of the commission of the crime, and other factors of all the sentencing specified in the argument of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime of this case, etc., it is not recognized that the sentence of the lower court is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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