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(영문) 수원지방법원 2019.01.09 2018노6085
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. The judgment is favorable to the defendant, such as the fact that the defendant is against himself/herself, and that the victim does not want the punishment of the defendant by mutual consent with the victim of the special injury crime.

However, each of the crimes of this case committed by the defendant in a systematic manner with co-offenders and operates an illegal Internet gambling site in a foreign country, and continues to commit an act of gambling in the Republic of Korea while entering the Republic of Korea upon the control of co-offenders, and borrowed the means of access to others for the purpose of operating the gambling site. Each of the crimes committed by the court below is highly harmful to society, such as promoting the general public's gambling spirit and hindering sound labor awareness. The defendant has overall control over the operation of the above illegal gambling site, for a long time, and for a long period of time, the amount of the crime was considerable, and even if he had had the record of punishment several times due to the crime of injury, the nature and conduct of the crime of this case was poor in light of the method and degree of injury, and considering all other circumstances that form the conditions of sentencing, such as the defendant's age, character and conduct, motive and circumstance of the crime, and circumstances after the crime, the punishment of the court below is not deemed unfair.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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