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(영문) 울산지방법원 2015.10.16 2015노839
도박개장
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendants are required to collect revenues from the instant crime from the Defendants, the lower court erred by misapprehending the legal doctrine on additional collection, thereby omitting this.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too uneasible and unreasonable.

2. Determination

A. The crime of this case is an offense falling under Article 247 of the Criminal Act and constitutes a specific crime as defined in subparagraph 1 of Article 2 of the Act on Regulation and Punishment of Criminal Proceeds Concealment. According to Article 10 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds Concealment, where it is impossible to confiscate the property to be confiscated, such as profit from a specific crime, under Article 8 (1) of the same Act, or where it is deemed that it is not reasonable to confiscate the property due to the nature of the property, the situation of its use, the existence of the right of a person other than the criminal with respect to the property, and other circumstances, the equivalent value may be collected from the criminal. Thus, it is clear that the collection under the above Act is voluntary collection, and Article 48 (2) of the Criminal Act, which the prosecutor seeks to apply, is also a provision with the same purport. Thus, even if the court below did not sentence the criminal collection against the

Therefore, this part of the prosecutor's argument is without merit.

B. The crime of this case on the assertion of unfair sentencing is an act of establishing an illegal Internet gambling site and acquiring property benefits. Such illegal Internet gambling is highly harmful to society, such as promoting an excessive gambling spirit for the people, failure to commit home economy, etc. The Defendants shared their roles together with the accomplices and operated the gambling site of this case, and the method of committing the crime is planned and organized to avoid regulation, and the method of committing the crime is planned and organized.

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