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(영문) 대전지방법원 2017.09.20 2017노1856
국민체육진흥법위반(도박개장등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment of one year and six months, additional collection of 54 million won) is too unreasonable.

2. The judgment is a favorable condition that the defendant recognized all the crimes of this case and against the mistake, and that the defendant's wife wanted to leave the defendant's wife against the defendant.

However, as in the instant case, the establishment and operation of the illegal sports soil site and the Internet gambling site are highly harmful to society by promoting a speculative spirit of citizens and impairing sound labor awareness. Since each site of this case appears to have been operated systematically and systematically for a considerable period of time by having an office, etc. in China, Defendant and accomplices shared their roles and shared their roles, in light of the law of the relevant crime and the content and degree of illegal act, the nature of the crime is very poor, and the Defendant had escaped for a long time even after being punished by the accomplices, there was a criminal conviction of the same kind against the Defendant, and there was a history of punishment several times for the crime of this kind.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background of the crime, means and consequence of the crime, etc., there are no special changes in circumstances that make the judgment below and the punishment different from the original judgment, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's above 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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