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(영문) 부산지방법원 2014.10.16 2014노2208
국민체육진흥법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the illegal sports soil site operated by the defendant, operated by the defendant, has a great social hazard, such as promoting an excessive gambling spirit for the general public and overcoming home economy, and the size of gambling funds and the use of overseas servers to conceal crimes, etc., the sentence of the court below (one year of suspended execution for one year, two years of suspended execution and eight hours of social service) is too unfford and unfair.

2. The Defendant conspired with C to use an overseas server, opened an illegal sports gambling site, and raised gambling funds in an amount of KRW 200,000,000 from its members under the pretext of subscription fees, usage fees, and marketing. In light of its harmfulness, size of funds, and operating methods, as pointed out by the Prosecutor, a serious warning is required for the Defendant.

However, this case’s gambling site is not against many unspecified and unspecified persons, but it is not a large number of members, and most of the members of the members of the household and the cost of opening the gambling fund that a person has fleded during an investigation seems to have been managed by the gambling fund. The Defendant made efforts to recover the damage of the damaged members by putting about three months of detention in depth against his or her wrong living during his or her three-month detention period, on the other hand, the Defendant detained his or her wife immediately after his or her wife was detained and experienced considerable pain, and taking into account all other various circumstances, including the Defendant’s age, character and conduct, and environment, the sentence imposed by the lower court cannot be deemed to be too light.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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