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(영문) 창원지방법원 2015.04.16 2015노459
국민체육진흥법위반등
Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A and B shall be punished by imprisonment for ten months.

(b).

Reasons

1. Summary of grounds for appeal;

A. Defendant A asserts that the punishment imposed by the lower court (one hundred months of imprisonment, additional collection KRW 27.5 million) is too unreasonable.

B. Defendant B asserts that the sentence imposed by the lower court (ten months of imprisonment, additional collection of twenty-five million won) is too unreasonable.

C. The prosecutor asserts that the sentence imposed by the court below against Defendant C (a fine of three million won, additional collection of one million won) is too unfluent and unreasonable.

2. Determination

A. The crime of this part of the Defendant A and B’s assertion is a case where Defendant A and B conspired with the operator of the illegal sports soil site and introduced members to the above site and received 1-2% of the member’s distribution amount. In the case of the Internet gambling site, it is necessary to punish Defendant A and B with strict punishment because the degree of promoting speculative spirit is serious to allow many people to participate in gambling at the same time, thereby significantly impairing the people’s sound desire for work. It is recognized that Defendant A and B’s profits from the crime of this part are KRW 27.5 million and KRW 25 million.

However, Defendant A and B had been prosecuted for committing the instant crime, and Defendant A and B had no record of punishment except for those subject to the punishment of a fine of violation of the Road Traffic Act and the Military Service Act, and Defendant B had no record of punishment in the past, in collusion with the operators of the portal site, who operated the portal site, and actively cooperateed in the investigation by the investigation agency concerning U, which received approximately 3% of the 3% of the hosting amount of members as profits. Accordingly, on January 30, 2015, U was sentenced to a penalty of additional collection of KRW 2 years, probation, and approximately 98 million for a year of suspension of the execution of imprisonment with labor for a violation of the National Sports Promotion Act and a crime of opening gambling at the Changwon District Court. Defendant A and B had no record of punishment for a violation of the Road Traffic Act and the Military Service Act.

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