logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.10.15 2015노2635
국민체육진흥법위반(도박개장등)방조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentencing of the court below (one year of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant by providing a large number of means of access necessary for committing the crime to the accomplices who wish to open a gambling place, and the Defendant provided the means of access, etc. with the knowledge that E, etc. used to open a gambling space from the beginning, and actively recommended them to transfer the passbook. However, in light of the number of passbooks collected and transferred to E, etc., the case is not less complicated; criminal proceeds from the borrowed account provided by the Defendant are large amount of money; investigation into the person who provided the passbook on the part of the Defendant, which led the Defendant to make a false statement to the investigation agency to the effect that “the person who provided the passbook was transferred the passbook to the person who was known through the Internet,” etc., the sentence of the Defendant is inevitable in light of the circumstances unfavorable to the Defendant, such as the fact that the circumstances after the crime are not good.

However, in light of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant reflects his mistake through a prison life for about five months; (c) the Defendant was a primary offender who had no record of criminal punishment prior to being punished; (d) the Defendant’s payment from the transfer of passbook E, etc. or distribution of criminal proceeds from the crime of opening a gambling space, such as E, etc.; and (e) the equity of sentencing with the same similar case, the motive and circumstance of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., and the sentencing conditions specified in the instant records and arguments, the lower court’s sentencing is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, on the grounds that the appeal by the defendant is reasonable.

arrow