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(영문) 울산지방법원 2020.07.24 2020노534
국민체육진흥법위반(도박개장등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (the imprisonment of eight months and fine of ten million won) is too unreasonable.

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

2. The fact that the defendant's judgment on the grounds for appeal by the defendant and the prosecutor is against his own mistake and does not repeat again, that there is no criminal power for the defendant in excess of the same punishment power or suspended execution, and that there are some circumstances that can be considered in the living environment of the defendant is favorable to the defendant.

On the other hand, the defendant led the crime in operating the illegal gambling site with other accomplices, the defendant continued to commit the crime for a long time and seems to be unfair, the crime in violation of the National Sports Promotion Act (such as gambling, etc.) is highly harmful to the general public, such as promoting a speculative spirit and impairing sound labor awareness, and the crime in violation of the Electronic Financial Transactions Act not only disturbs the security and reliability of electronic financial transactions, but also requires strict punishment for the crime that contributes to the commission of other serious crimes such as illegal gambling, etc. as in this case. The defendant left Korea and escaped for a long time while committing the crime is disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the factors of sentencing as indicated in the instant case’s records and pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too heavy or uneasible.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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