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(영문) 제주지방법원 2013.05.30 2013노123
도박개장등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (Defendant B: 3 years of suspended sentence of imprisonment for one year; 320 hours of community service, additional collection of 52 million won; 2 years of suspended sentence of imprisonment for 8 months; 200 hours of community service and additional collection of 42 million won) are deemed to be too unfeasible and unfair.

2. The operation of the Internet gambling site, such as the crime of this case, needs to strictly punish the relevant social harm, such as impairing the awareness of sound labor, and the scope of the crime of this case is large, the Defendants did not have any criminal record heavier than the same criminal record or fine, the degree of the Defendants’ participation, the profits accrued from this case, and all other sentencing conditions in the records, such as the Defendants’ age, character and conduct, cannot be deemed to be unfair because the lower court’s punishment against the Defendants is too uneasible.

3. According to the conclusion, all appeals filed by the prosecutor against the Defendants pursuant to Article 364(4) of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.

(However, according to Article 25 of the Regulation on Criminal Procedure, Article 48(2) of the Criminal Act and Article 51(1) and (3) of the National Sports Promotion Act (Article 51(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment shall be amended to Article 10 and Article 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

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