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(영문) 창원지방법원 2018.05.17 2018노330
국민체육진흥법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected the Defendant, rather than leading the instant crime, shared only the act of implementation as an intermediary contact book between E and G, the Defendant appears to have no particular economic benefits, there is no history of criminal punishment exceeding the fine, and the Defendant’s wife wanted to leave the front.

However, the crime of this case is also recognized as having been punished by a fine for the same criminal facts of the same kind as he/she participated in the operation of 2 Rig games, where he/she provided money to professional stable players, thereby harming the fairness of sports life and harming many people. Since several years since this case, some of the pandes in the past, there have been a fluoring view among some Dopans about the result of the games. The defendant, upon the commencement of the investigation into this case, escaped to China, was living for a long time, and the defendant was punished by a fine.

In addition, taking into account the following circumstances: equity in the punishment of other accomplices; there is no change in special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment; Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime; and the circumstances after the crime was committed; it cannot be deemed that the sentence imposed by the lower court is too heavy or is deemed unfair because it is too low.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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