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(영문) 광주지방법원 2017.08.31 2017노2604
도박공간개설등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the defendant A shall be sentenced to one and half years of imprisonment, the defendant B shall be sentenced to six months of imprisonment, the defendant C shall be sentenced to eight months of imprisonment, and the defendant C shall be confiscated respectively) is too unreasonable.

2. In light of the favorable circumstances, such as the fact that the Defendants reflects the mistakes in depth, the fact that there is no past conviction or fine for the same kind of crime, the degree of Defendant B’s participation in the crime is relatively heavy, the Defendant A must support the leakage suffering from the workplace cancer, and the Defendant B must support the three children of the aged. However, the crime of this case is established and operated by the Defendants in collusion with the Internet gambling site, and the total amount, size of money, money exchange, the number of crimes, etc. is considerably large. This is a highly adverse act on society by impairing the general public’s sound sense of work and stimulateing gambling addiction. Defendant A was given loans through the electronic financial transaction access media twice for the purpose of using it on the gambling site, and other unfavorable circumstances such as the Defendants’ age, sex, sex, environment, family relationship, degree of participation in the crime, degree of participation in the crime, profits acquired, etc., and other unfair sentencing conditions after the crime of this case do not appear to be too excessive.

3. The appeal by the Defendants is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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