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(영문) 청주지방법원 2013.10.18 2013노636
국민체육진흥법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the grounds for appeal, it appears that the defendant operated and managed the sports gambling site led by the defendant, and the above gambling site was managed in the Philippines, which is a region abroad by avoiding the tracking of the investigative agency, and the crime method is organized and planned, such as using the account under the name of another person and electronic means of access thereto for the crime of this case by taking over the account under the name of another person, and using it for the crime of this case, etc., the size and operation period of the gambling site, profits, the amount of account under the name of another person used for the crime of this case is considerable, and there is a history of criminal punishment twice due to the same or similar crime such as the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., the Act on the Promotion of Game Industry, and the violation of the Act on Promotion of Speculative Acts, etc., taking into account the ease and urgency of access to the Internet gambling, and there is a need for strict punishment against the crime of

On the other hand, the fact that the defendant recognized all crimes from the police stage to reflect on depth, and that the degree of participation in the crime of aiding and abetting violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts in this case is relatively minor is favorable to the defendant.

In addition, considering the Defendant’s age, character and conduct, career, environment, the background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the instant crime, it is unfair that the lower court’s imprisonment (one hundred months of imprisonment and three million won of fine) is too uneasy and unreasonable.

It is not likely that it is improper or too unreasonable.

2. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, 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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