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(영문) 광주지방법원 2016.06.15 2015노3028
도박공간개설
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of the suspended sentence, three years of the probation, protection observation, and community service order 240 hours, additional collection 21 million won) is too unreasonable.

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

2. The crime of this case is committed by the Defendant’s opening and operation of the Internet gambling site, which led to the promotion of an ordinary’s gambling spirit, thereby undermining the sound sense of work, and eventually, the crime of this case requires strict punishment. The crime of this case is committed by multiple persons on a systematic basis in view of the organizational nature of the crime, which is not very good, and the Defendant appears to play a key role in the process of charging and exchanging gambling funds, resolving computer trouble in the Internet site, and organizing management, etc.

On the other hand, there is no record of recognizing and opposing the defendant's mistake, and there is no record of punishment for the same crime, and the balance with N who was punished as an accomplice for the crime of this case cannot be considered (N was sentenced 2 years of suspended execution and 200 hours of community service order at the Seoul Central District Court on January 14, 2015).

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too low, and thus, the above assertion by the Defendant and the Prosecutor is without merit.

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

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