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(영문) 대전지방법원 2017.04.19 2016노2671
국민체육진흥법위반(도박개장등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (a two-year imprisonment, a two-year suspension of execution, a observation of protection, a community service order of 160 hours and a collection of 48 million won) of the lower court’s punishment (a two-year imprisonment, a two-year suspension of execution, a probationary observation, an additional collection of 160 hours) is excessive

2. The Defendant’s judgment recognized the instant crime, against the mistake, and did not repeat the crime.

The fact that the defendant is living together, that the defendant is a first offender, and that he must support his daughters in the Philippines is a favorable condition for the defendant.

However, the Defendant conspired with C, etc. to operate and publicize the illegal sports gambling site for a considerable period of time, and take charge of public relations, management of members, and betting money. In light of the nature of the act, the degree of participation in the act, and the duration of participation in the act, the operation of the illegal sports gambling site is not less vulnerable to society, such as promoting speculative spirit and hindering sound labor awareness, and the fact that the amount of illegal profits from the crime of this case is very large is unfavorable to the Defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the above assertion by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant 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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