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(영문) 광주지방법원 2018.07.17 2018노462
국민체육진흥법위반(도박개장등)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) asserts that the defendants' punishment (in 1 year and 10 months of imprisonment; 2 years of suspended sentence in 10 months; 2 years of suspended sentence in 10 months; 2 years of community service; 2 years of additional collection) of the lower court's punishment is too unreasonable, and that the prosecutor is too unfeasible and unfair.

2. Determination

A. The crime of this case with regard to the determination of the illegality of sentencing against Defendant A by both parties was committed by the Defendant with F and G, and the Defendant led to the operation of the illegal sports gambling site, thereby pretending to obtain criminal proceeds, etc., as well as assaulting the police officer, who is the driver of the patrol vehicle, who interfered with legitimate execution of duties by threatening the police officer, thereby hindering the legitimate execution of duties, and the nature of the crime is bad.

The defendant has been punished for a fine of KRW 5 million due to the obstruction of the performance of official duties in 2011.

On the other hand, the defendant recognized all of the crimes of this case, against whom the crime of this case is committed, and there is no record of crime exceeding the fine, and the court below agreed with police officers who interfered with the execution of official duties.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, as well as the aforementioned circumstances revealed in the instant records and pleadings, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed unfair because it is too hot or unbrupted.

B. The instant crime of determining the illegality of sentencing against Defendant B by both parties was committed by the Defendant’s operation of an illegal sports gambling site, and thereby, taking part in the criminal act that disguises the acquisition of criminal proceeds, etc., as an accomplice, and is in charge of account management, etc., and the nature of the crime is bad, and is highly detrimental to the sociality of such crime.

On the other hand, the defendant recognized all of the crimes of this case, and is against it, and there is no criminal history.

2.2

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