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(영문) 부산지방법원 2017.02.15 2016노4399
국민체육진흥법위반(도박개장등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment of the original judgment (a prison term of ten months and an additional collection) on the summary of the grounds for appeal, the prosecutor too unfasible and unfair.

2. The instant crime was committed in collusion with F, G, etc. by the Defendant setting up a gambling place by operating an illegal sports entertainment site. In light of its size, operation period, and the degree of criminal proceeds, etc., the commission of the instant crime is very difficult to commit the instant crime. Such crime is highly harmful to society by encouraging excessive speculative spirit among the general public to interfere with sound labor, such as impairing the awareness of sound labor.

The fact that the defendant seems to have been punished for the same crime, the fact that the defendant can have been punished for the same crime is disadvantageous to the defendant.

However, it appears that the defendant's mistake is against his own will, and that there are many profits that the defendant acquired by the crime of this case.

It is difficult to see that the defendant's participation in the crime of this case is favorable to the defendant, such as F and G (F: Imprisonment with prison labor for one year and six months, G: one year and one year).

In full view of such circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, the background and motive leading up to the instant crime, and all other factors pertaining to the sentencing as indicated in the instant records and arguments, it does not seem that the lower judgment’s punishment is too heavy or unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure, however, the judgment of the court below is ex officio in accordance with Article 25 of the Rules on Criminal Procedure that the "Provision, Provision, Provision, and Correction

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