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(영문) 광주지방법원 2017.09.13 2017노2794
국민체육진흥법위반(도박개장등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination is a favorable condition that the Defendant, who led to the confession of the instant crime, reflects his mistake, and that the Defendant has no record of criminal punishment in addition to the suspension of indictment imposed on February 4, 2015 on the charge of violating the Electronic Financial Transactions Act.

On the other hand, the opening and operation of illegal gambling sites is highly likely to cause severe social prejudice, such as promoting speculative spirit and impairing sound labor awareness, and the defendant has served as an essential role in committing the crime during the crime period in this case, such as education of employees, management of users, daily settlement report, etc., and the period of committing the crime is not short, and the amount of gambling funds is also a large amount of money.

In addition, when comprehensively taking into account the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., and the various sentencing conditions indicated in the instant case’s records and arguments, the lower court’s punishment is too heavy or is deemed unfair. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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