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(영문) 부산지방법원 2016.08.11 2016노687
국민체육진흥법위반(도박개장등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (eight months of imprisonment) is too unfortunate and the prosecutor is too unfortunate and unfair.

2. The circumstances that can be considered, such as the fact that the Defendant led to the confession of the instant crime and reflects the mistake, are recognized.

However, the crime of this case is very serious that the defendant provided an account under the name of the defendant to manage the proceeds of the illegal sports gambling site and withdrawn 1.6 billion won deposited in the above site's gold, and the degree of participation is not significant, the defendant's criminal records are identical to the defendant, and the crime related to gambling is likely to cause social harm, such as promoting a speculative spirit in our society and hindering sound labor practice, and hindering the establishment and operation of the illegal sports gambling site of this case, such as this case, where many people are easy to access, and it is necessary to strictly punish other crimes in order to raise gambling funds, and other various circumstances, such as the defendant's age, sex, environment, motive and circumstance of the crime, circumstance before and after the crime, etc., are considered, and the punishment of the court below is not excessive or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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