(영문) 수원지방법원 2018.01.10 2017노7521 | 리걸엔진

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(영문) 수원지방법원 2018.01.10 2017노7521

국민체육진흥법위반(도박개장등)등

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unreasonable that the court below's each sentence (Defendant A: imprisonment of two years and six months, additional collection of KRW 43,807,016, Defendant B: Imprisonment of one year) declared by the court below against the Defendants.

2. The Defendants expressed the attitude of reflecting the Defendants’ perception of their mistake, and the Defendants did not have any history of criminal punishment for the same crime.

However, each of the crimes of this case is not likely to be committed in light of the contents and results of each of the crimes committed by Defendant A, who pretended to the acquisition and disposition of the proceeds of the crime, by opening an Internet site where the Defendants conspired in collusion with members for a considerable period of time, by issuing things similar to the sports promotion voting rights by receiving large amounts of money from members, and providing property to persons who win the result, and in the process, Defendant A took over the approaching media in the process, which led to the acquisition and disposition of the proceeds of the crime. The crime of this case is not likely to be committed in view of the social harm, etc. of each of the crimes of this case, which interfered with the sound sense of labor by encouraging excessive gambling.

In addition, while Defendant A appears to have gained access media and actually received considerable profits from operating the above Internet site, Defendant B is in charge of the role assisting Defendant A’s work, and it does not seem to have acquired special profits.

Considering the aforementioned circumstances disadvantageous to or favorable to the Defendants, the circumstances after the commission of each of the instant crimes, the Defendants’ age, sexual conduct, environment, and all other conditions of sentencing as indicated in the argument of the instant case, the lower court’s punishment against the Defendants is so excessive and unreasonable. Therefore, the Defendants’ above assertion is without merit.

3. In conclusion, the Defendants’ appeal is without merit, and thus, it is possible to do so under Article 364(4) of the Criminal Procedure Act.

유사 판례

-울산지방법원 2017.06.16 2017노438

-인천지방법원 2016.05.13 2015노4680

-부산지방법원 2017.11.24 2017노2631

-대구지방법원 2018.09.14 2018노2105

-의정부지방법원 2018.06.20 2018고단1200