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(영문) 부산지방법원 2019.10.24 2019노2719
국민체육진흥법위반(도박개장등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (the confiscation of 1 year imprisonment, Nos. 7 to 19, 460,000 won) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime of this case and reflects the fact that the period of the crime of this case is not long and the profit gained by the crime of this case is not much high, and that only one of the fines of this species has been punished once.

However, in full view of all the sentencing conditions, including the Defendant’s age, environment, family relationship, motive and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable, in light of the fact that the Defendant played a leading role in the establishment and operation of the illegal gambling site, the crime of this case is not likely to be committed by systematic and planned crimes, and is highly harmful to the society.

The defendant's assertion of unfair sentencing is without merit.

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

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