(영문) 수원지방법원 2014.06.05 2014노2112 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2014.06.05 2014노2112

국민체육진흥법위반등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the lower court’s imprisonment (the penalty of KRW 159,324,682) is too unreasonable.

On the other hand, with regard to the calculation of the amount of additional collection by the lower court, the Defendant’s share under the profit-sharing agreement between the Defendant and D was 15% if the total amount of profit was less than KRW 100 million, and 10% if the total profit was more than KRW 100 million, and the actual profit was paid only 15% if the actual profit was less than KRW

D At the time of the prosecutor’s investigation, the latter part of AO was suspended from an account without agreement with the defendant, and found KRW 40 million, and the part was paid to the defendant and the part that was paid to the defendant by O related parties to the post-ship and paid KRW 40% of the profits to the defendant. However, even if the above KRW 50 million was included in the defendant’s profits, the actual profits distributed to the defendant are merely before and after KRW 10 million, and thus, the amount of additional collection by the court below is excessive.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. The operation of a private gambling site, such as the instant crime, requires a strict punishment for social harm by promoting an excessive gambling spirit of the people and impairing sound labor, and the Defendant committed the instant crime on a systematic basis by sharing the roles with his accomplices. They are the factors of sentencing unfavorable to the Defendant, i.e., imposing a fine for the same kind of fine in 201, by seeking a passbook and a telephonephone and providing it to D, and taking part in the overall operation of the instant gambling site. The period of the instant site operation is relatively short of one year or more, operating size and profit-making, considerable amount, and one year and five months, with the knowledge that the warrant of arrest was issued due to the instant crime.

However, the defendant reflects his crime and repents.

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