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(영문) 서울중앙지방법원 2016.06.03 2016노1055
국민체육진흥법위반(도박등)
Text

The defendant's appeal is dismissed.

Reasons

1. The first deliberation punishment (the imprisonment of eight months, the suspension of the execution of two years, and the community service work 120 hours) of the summary of the grounds for appeal is too unreasonable;

2. It is recognized that the defendant confessions criminal facts and reflects criminal facts, and that there is no record of punishment prior to the crime of this case.

However, the instant crime was committed by the Defendant from November 26, 2012 to November 17, 2014, by depositing at least one billion won in a private site over 629 times and gambling at a private site, and the degree of illegality is not small.

In addition, the crime of gambling is highly harmful to society by promoting an excessive spirit of gambling to the general public and neglecting the home economy.

In addition, considering the various circumstances, including the Defendant’s age, sex, environment, details and contents of the crime, and the circumstances after the crime, etc., the sentencing conditions indicated in the instant case and the previous theories, it is not deemed unfair because the first deliberation sentence is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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