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(영문) 서울중앙지방법원 2016.05.12 2016노360
국민체육진흥법위반(도박개장등)방조등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants to the punishment (an administrative fine of KRW 5 million and additional collection) is too unreasonable.

2. It seems that there are favorable circumstances such as the fact that the judgment is in depth against their mistake, and that the economic situation is not sufficient as 20 young people.

However, in light of the content of the instant crime committed by aiding and abetting the operation of the private sports soil site with a significant social harm due to the encouragement of speculative spirit and impeding sound labor awareness, the nature of the crime is not easy.

In addition, in full view of all other circumstances, including the motive, means, and consequence of the Defendants committed the instant crime, the circumstances after the commission of the crime, the character and conduct of the Defendants, the environment, etc., as well as all other circumstances that form the conditions for sentencing as shown in the oral argument, it is not recognized that the sentencing of the lower court exceeded the reasonable scope of discretion because it is too unreasonable to impose the sentence.

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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