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(영문) 수원지방법원 2013.07.18 2013노1611
국민체육진흥법위반등
Text

The judgment below

The part concerning the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

Defendant.

Reasons

1. The gist of the grounds for appeal asserts that the sentence of imprisonment (a year of imprisonment, confiscation, 6,180,964 additional collection) by the lower court is too unreasonable.

2. The crime of violation of the National Sports Promotion Act and the crime of opening gambling places committed by the Defendant committed each of the crimes of this case during the period of repeated crime. The crime of violation of the National Sports Promotion Act and the crime of opening gambling places committed by the Defendant is highly likely to promote speculative spirit by opening the Internet gambling site and to harm the people's sound desire to work. However, the Defendant's mistake and reflect it. The Defendant did not have any record of the same crime. The Defendant provided equipment necessary for the operation of the gambling site of this case, and specifically managed and operated it. The Defendant was the co-defendant B of the original judgment, and the Defendant took part in funds necessary for the installation and operation of the facilities. In light of the sales status of the gambling site of this case during the period of repeated crime (Evidence record 161 pages), the details of admission (Evidence record 279,288 pages), the details of imprisonment with prison labor of this case, the circumstances and circumstances of the Defendant, including the violation of the National Sports Promotion Act, the Defendant's age of 10 days, the Defendant's occupation and behavior of this case.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[C] The Criminal Procedure Act applies to the criminal facts of the defendant recognized by the court and the summary of the evidence, since the summary of the criminal facts and the evidence is the same as that of the judgment of the court below.

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