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(영문) 서울중앙지방법원 2018.12.21 2018노2808
국민체육진흥법위반등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one hundred months of imprisonment) is too unreasonable.

The sentencing guidelines [Scope of the statutory sentencing guidelines] 7 years or less of imprisonment [limited to the range of punishment] 3 years or less of imprisonment [referring to a person subject to special sentencing] of illegal sports gambling among the groups of speculative and game water crimes [limited to a person subject to special sentencing] ] Where the amount of profit or business from a crime is very large [limited to the scope of punishment] [limited to the increased area of punishment] : From 1 year and June to 4 years (general person subject to sentencing]: the judgment that there is no criminal record; although the defendant is against the confession of the crime, and there is no record of criminal punishment, the defendant's long-term participation in the crime of this case and the profits acquired during the crime are significant (177 pages of evidence records). The defendant's stay abroad and evaded criminal punishment (173 and 1764 of evidence records). The court below's assertion that the defendant's punishment was less than the minimum amount of punishment recommended under the sentencing guidelines, and other circumstances revealed in the record and arguments are not reasonable, and there are no grounds for the court below's allegation that the defendant's punishment is excessively unfair.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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