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(영문) 전주지방법원 2017.04.21 2016노1627
국민체육진흥법위반(도박개장등)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: 1 year, etc. of imprisonment; 2 years of imprisonment; 50 million won of fine; 3.0 million won of imprisonment; 8 months of imprisonment, etc.) of the lower court is too unreasonable.

2. Determination 1) Defendants A and B’s assertion that the Defendants recognized the instant crime and against the mistake thereof, and that there was no past record of criminal punishment for the same crime (Provided, That Defendant B had a record of criminal punishment of a fine of KRW 2 million as an gambling crime in around 2011), and that Defendant A actively cooperated with the investigation by the investigative agency, etc. are favorable to the Defendants.

On the other hand, the crime of this case is a case in which the defendants issued the right to vote for the promotion of national sports or a similar things to those of other accomplices and provided property or property benefits to those who correctly predicted the result. The total amount of betting amount on the Internet gambling site exceeds KRW 1 trillion, Defendant B, and Defendant B up to KRW 460 billion, and the amount of profits acquired through the crime of this case seems to be considerably large, and the crime related to gambling requires strict punishment against the defendants for the crime of great social harm, such as promoting the gambling spirit of the people and impairing sound labor awareness.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of the instant case, such as the background of the instant crime, the age of the Defendants, sexual conduct, environment, etc., the lower court’s punishment against the Defendants is too unreasonable, and thus, the Defendants’ assertion is without merit.

2) As to the Defendant’s assertion, the fact that the Defendant recognized the instant crime and reflected the mistake thereof, that there was no past history of criminal punishment for the same kind of crime, and that there was an active cooperation in the investigative agency to confiscate the funds of the gambling site operators.

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