logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.04.01 2016노36 (1)
국민체육진흥법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (one year of imprisonment) on the defendant on the grounds of appeal by the defendant is too unreasonable.

B. The reasoning of the prosecutor’s appeal by the court below is that the sentence imposed on the defendant (one year of imprisonment) is too unfasible and unfair.

2. It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. It is desirable to refrain from sentencing by destroying the first instance judgment on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, but is somewhat different from the appellate court’s opinion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal principles, it is desirable to refrain from imposing a sentence without any difference between the first instance court and the first instance court’s judgment (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The establishment and operation of an illegal sports gambling site is without any change in the sentencing conditions compared with the lower court’s judgment because it did not present new materials for sentencing in the first instance court, and it is extremely unfavorable for the Defendant to prevent the Defendant from committing the instant crime and raise funds for gambling.

3. Thus, the appeal by the defendant and the prosecutor is without merit.

arrow