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(영문) 제주지방법원 2017.08.10 2017노272
국민체육진흥법위반(도박개장등)등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: Imprisonment with prison labor for 10 months, and Defendant B: imprisonment for 8 months) is too unreasonable.

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

2. We also examine the Defendants and the Prosecutor’s argument of sentencing.

In our criminal litigation law, which takes the principle of trial-oriented and directness, there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendants appeared to have committed each of the instant crimes, the Defendants initially committed the crime and voluntarily surrendered, the Defendants were paid benefits while managing the instant illegal gambling site, and the Defendants were employed as employees, and the Defendants did not appear to have planned or directed the execution of each of the instant crimes.

The act of opening and operating a single gambling site is highly harmful to society by encouraging the people's spirit of gambling and impairing sound labor, and the illegal gambling site of this case has been operated and managed for a long time in the Vietnam. In light of each of the criminal acts of this case, the nature of the crime is not good, and the period of the defendants' participation in the operation of the illegal gambling site of this case is relatively long time.

In full view of the above circumstances, comprehensively taking account of the Defendants’ age, sex, environment, motive and background of each of the instant crimes, means and methods, and circumstances after the commission of the crime, the lower court’s sentence imposed on the Defendants.

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