(영문) 창원지방법원 2017.11.02 2017노2097 | 리걸엔진

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(영문) 창원지방법원 2017.11.02 2017노2097

국민체육진흥법위반(도박개장등)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

420,000,000 won from the defendant.

Reasons

1. The sentence imposed by the court below on the defendant (two years and four months of imprisonment) is too unreasonable.

2. The act of establishing and operating an illegal gambling site on the board is in need of strict punishment due to social harm, such as promoting a speculative spirit of the general public and lowering the desire to work, etc. The crime of this case was committed in a systematic and organized server by sharing the roles of many people. The defendant served as a key part of the crime of this case. The amount of money exceeding 37.4 billion won for a period of not less than 4 years is considerable, and the defendant received and used illegally access media under the name of another for the crime of this case. In light of the above, it is inevitable to sentence the defendant as to his punishment.

However, the fact that the defendant recognized all of the crimes of this case, the defendant did not have any record of punishment for the same kind of crime, the defendant did not have any previous record of the suspension of execution or more, the wife and two children who are in a de facto marital relationship to support the defendant are living in the Philippines, and the defendant will live faithfully without re-offending in the future.

In full view of the circumstances such as the fact that the court below's sentence is unfair due to the lack of circumstances, and other circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex, circumstances before and after the crime, circumstances before and after the crime, and the number of similar cases.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court concerning this case is identical to the corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

유사 판례

-창원지방법원 2017.08.10 2017노1117

-광주지방법원 2017.01.19 2016노3727

-대구지방법원 2014.04.25 2013노2362

-대전지방법원 2016.08.31 2016노1667

-부산지방법원 2014.11.20 2014노2757 (1)