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(영문) 광주지방법원 2020.01.23 2019노2565
도박공간개설
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The fact that the Defendant made a confession on behalf of the fact that he/she participated in the operation of the gambling site, and the fact that the amount of the profit the Defendant actually acquired appears to be relatively little, and that the Defendant has no record of criminal punishment exceeding the fine, except that he/she was sentenced to a suspended sentence of imprisonment for about 17 years prior to the suspended sentence

However, the Defendant’s operation of the gambling site beyond the degree of simple participation, such as one-time withdrawals, and the Defendant’s participation in the operation was discovered and made it difficult to provide it in the control, and offered another gambling site in collusion with AG, etc. and offered another gambling site. The crime is not good, and the Defendant continued to commit the instant gambling space establishment even after having been punished by a fine due to money exchange related to gambling.

In addition, the circumstances of the crime of this case, circumstances after the crime of this case, defendant's age, character and conduct, environment, etc. and the scope of sentencing guidelines for the enactment of the Sentencing Committee of the Supreme Court: 1 to 5 years of imprisonment:

2. The scope of recommendation according to the sentencing guidelines [decision of types] the establishment, etc. of gambling and game products places [Type 3] There is no person who has a gambling place and space [the scope of recommendation area and recommendation range] [the scope of recommendation area and recommendation range] basic area, imprisonment 8 months to 16 months, etc., the defendant's assertion is without merit because the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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