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(영문) 서울중앙지방법원 2015.09.18 2015노2355
게임산업진흥에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, and additional collection of 3.65 billion won) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime and reflects the wrongness, that the health of the defendant is not good, and that the defendant is detained as the accomplice of the crime of this case and is under trial.

However, the crime of this case was committed in a systematic and planned manner by multiple persons; the period of the crime was long, and the proceeds of the crime are large amounts; thus, the quality of the crime is extremely inappropriate; the defendant is the most important part of the defendant's participation as the operator of the Internet gambling site of this case; some accomplices employed by the defendant who participated in the crime of this case are sentenced to heavy punishment in China; the defendant has been punished several times (three times of suspended sentence, three times of fines, eight times of fines) although the crime of this case was committed, there is no change in circumstances to which the punishment should be mitigated in the trial; and all other circumstances, including the defendant's age, character and behavior, motive, means and consequence, the circumstances after the crime, etc., which are the sentencing conditions specified in the records and arguments of this case, are considered unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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