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(영문) 창원지방법원 2018.02.08 2017노3539
국민체육진흥법위반(도박개장등)등
Text

All the judgment below is reversed.

Defendant A shall be punished by imprisonment for one year.

except that from the date of this judgment.

Reasons

1. The summary of the grounds for appeal in the judgment below is too heavy for each punishment (the punishment of imprisonment for a term of one year, 5, 56, 71, 10 million won, 34 million won, and 10 million won) of the judgment below.

2. The crime of opening Internet gambling, which is organized and conducted through the involvement of many accomplices in the servers in China, etc., is highly harmful to the society as a crime that encourages the gambling spirit of many citizens and undermines sound work awareness. The Defendants released considerable amount as a cash withdrawal scheme for a considerable period of time and delivered it to the superior staff, and there are no significant reasons for sentencing. However, there are unfavorable grounds for sentencing, such as that the Defendants led to the confession of the crime, and the Defendants are against the confession, and the Defendants were subordinate staff, not the entire crime, but the Defendants were subordinate staff, and there was no criminal record exceeding the suspension of the execution of the same criminal record or imprisonment, and there was no history of criminal punishment against the Defendants B, and considering the favorable reasons for sentencing, including the balance between the accomplices for whom punishment has become final and conclusive, the Defendants’ age, family situation, economic situation, circumstances and motive leading to the crime, and all other records and changes in the punishment indicated in the records and changes in this case, each of the judgment below is justified and acceptable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following is ruled again after pleading.

【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts constituting a crime and the summary of evidence, and thus, the gist of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants of the relevant legal provision regarding criminal facts: Article 47 Subparag. 2 and Article 26(1) of the National Sports Promotion Act, and the Criminal Act.

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