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(영문) 창원지방법원 2015.07.16 2015노1246
국민체육진흥법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (one year and two months of imprisonment) is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. The crime of this case is acknowledged as follows: (a) the Defendant obtained a large amount of dividends after holding a private soil, etc., and sought to receive a large amount of dividends, and (b) requested the operation of the winning players by providing money and goods to them; and (c) the expected result of the game was a matter of intimidation against Lane players; (d) the quality of the crime was bad; (e) harming sports’s fairness as the life of sports; and (e) the fact that the Defendant escaped to China upon the commencement of the investigation into this case.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) there has been no record of punishment exceeding the fine so far; and (c) deposited KRW 2 million for the victim L, etc. in favor of the Defendant; and (d) there is no special circumstance or circumstance that may be newly considered in the punishment after the sentence of the lower judgment; and (b) the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime; and (c) circumstances that form the conditions for sentencing as indicated in the instant pleadings and records, such as the circumstances after the crime was committed, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.

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