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(영문) 대구지방법원 2016.11.09 2016노1596
국민체육진흥법위반(도박개장등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each punishment (one million won per fine) imposed by the lower court on the Defendants is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the Defendants recognized the facts charged in this case; (b) there is no record of criminal punishment other than protective disposition and suspension of indictment against Defendant A; (c) Defendant B did not have any criminal record; and (d) Defendants B could not be deemed to have been involved in the crime in this case; and (c) Defendants could not have any benefits acquired from the crime in this case; (d) there are favorable circumstances for the Defendants, on the other hand, each of the crimes in this case committed by the Defendants, including: (a) Defendant A operated the private sports earth site according to the instructions of the court below; (b) Defendant B operated the private sports earth site; and (c) operated the above site as the so-called “total” with the solicitation of the members recruited by Defendant B to gambling; and (d) this is highly likely to cause damage to the sound sense of labor of the general public; (c) Defendant B was subject to criminal punishment on several occasions, including a suspended sentence three occasions, a fine not to be imposed on Defendant B; and (c) Defendant B’s allegation that there is no special reasons to change in circumstances after the records and circumstances following the judgment below’s.

3. As such, the Defendants’ appeal is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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