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(영문) 부산지방법원 2020.11.12 2020노2874
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (five months of imprisonment and two years of suspended execution) is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

In full view of all the sentencing conditions in the process of the recording and pleading, including the fact that there is no change of circumstances to consider the sentencing after the judgment of the court below, and that the defendant uses the means of access for the operation of the illegal gambling site by taking over the means of access, the operation of the gambling site, the deceiving the victim by deceiving the victim, the agreement with the victim, the fact that the judgment should consider the equity with the case of the judgment at the same time with the case of the crime of violating the National Sports Promotion Act (gambling), etc., the sentencing of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing 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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