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(영문) 청주지방법원 2014.11.20 2014노912
도박개장
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence (the fine of KRW 15 million is imposed on the Defendants A, Defendant B, and C: Imprisonment with prison labor for six months, suspended execution for two years, community service work for 120 hours) declared by the lower court is too unfasible.

2. The crime of this case was committed in a systematic and planned manner by filling and exchanging game money with a foreign operational server in a foreign country. It is highly necessary to encourage the gambling spirit of the people and harm the public morals and customs of society. Defendant B and C play a role of leading the players to gambling in person as the so-called emulgator and leading the players to betting, and Defendant A did not take part in the degree of participation, such as preparing a large passbook and withdrawing the proceeds of the gambling site in cash, and Defendant A committed the crime of this case without being aware of during the period of probation, which is disadvantageous to the Defendants.

However, the Defendants were involved in the instant crime according to G’s solicitation, and were arrested as the principal offender, and sentenced to a sentence in the first instance trial at the first instance trial. Defendants B and C did not have any history of punishment for the same crime. Defendant B and C did not have any other criminal record except for punishment once by fine. The Defendants appear to have relatively little benefits from the instant crime. In full view of other factors such as the Defendant’s age, character, conduct, environment, family relationship, period of and profit from the instant crime, motive and circumstance after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair because the sentence imposed by the Defendants is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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