(영문) 청주지방법원 2017.05.12 2017노231 | 리걸엔진

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(영문) 청주지방법원 2017.05.12 2017노231

국민체육진흥법위반(도박개장등)등

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each punishment (Defendant A: 10 months of imprisonment; 3 million won of additional collection; 10 months of imprisonment; 54 million won of additional collection) against the Defendants sentenced by the lower court is too unreasonable.

B. Each of the above types sentenced by the court below by the prosecutor is too unhued and unfair.

2. We examine both the Defendants and the Prosecutor’s unfair argument in sentencing.

In light of the fact that the crime of this case was committed in a professional and planned manner under the organizational role sharing, such as facilitating the general public's access to gambling, promoting an excessive gambling spirit, impairing the awareness of sound labor, and opening an investigation agency's track, etc., the court below seems to have sentenced the Defendants to the punishment by taking into account the following factors: (a) the Defendants were voluntarily punished; (b) the Defendants voluntarily surrenders themselves; and (c) the Defendants did not seem to have led to the crime of this case; and (d) the Defendants did not seem to have committed the crime of this case; (b) the Defendants' roles, the Defendants' criminal records and relationships; and (c) the balance with the accomplices for whom the punishment has been finalized, etc.

When comprehensively considering the motive, circumstance, and result of the crime in the trial, the circumstances after the crime, the age of the Defendants, sexual conduct, and the history of punishment, as well as the matters constituting the conditions of the punishment in the trial, the judgment of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, we cannot accept all the defendants' and prosecutor's argument of sentencing.

3. In conclusion, the appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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