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(영문) 창원지방법원 2015.12.16 2015노2561
국민체육진흥법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal argues to the effect that, as the punishment imposed by the lower court (one year of imprisonment and additional collection) is too unreasonable, the public prosecutor asserts to the effect that the above punishment is too unhued and unreasonable.

2. We also examine the Defendant and the Prosecutor’s respective arguments on unreasonable sentencing.

In light of the social harm of the illegal sports gambling site, the period and profits of the defendant involved in the crime, etc., each of the crimes of this case is not good, and the liability for the crime is also grave.

On the other hand, the fact that the defendant is led to confession and reflect, and that he is the first offender is favorable.

In light of the above circumstances and the following: (a) there is no special reason to change the sentencing after the pronouncement of the lower judgment; and (b) the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime; and (c) various conditions of sentencing as indicated in the instant records and arguments, such as the circumstances after the crime was committed, it cannot be deemed that the sentence imposed by the lower court

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, of the reasoning of the lower judgment, the statutory application of the National Sports Promotion Act is apparent that the term “National Sports Promotion Act” and “Electronic Financial Transactions Act” are clerical errors in the former Electronic Financial Transactions Act (amended by Act No. 12837, Oct. 15, 2014); thus, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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