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(영문) 제주지방법원 2020.04.16 2019노1069
국민체육진흥법위반(도박개장등)방조등
Text

All appeals by the Defendants are dismissed.

Reasons

The Defendants appealed on the grounds that the sentence of the lower court (Defendant A: imprisonment of 1 year and 6 months, additional collection of 4.95 million won, Defendant B’s imprisonment of 3 years, and additional collection of 4.95 million won) is too unreasonable. However, in light of all the sentencing conditions indicated in the records and arguments of the instant case including the following: (a) Defendant A was punished by a fine of three times as a result of the crime of violating the same Electronic Financial Transactions Act; (b) Defendant B was sentenced to a suspended sentence of imprisonment; (c) Defendant B committed a second offense during the period of the suspended sentence; and (d) Defendant B committed a second offense during the period of the repeated sentence even after having been sentenced to a sentence of imprisonment, it is not recognized that the lower court’s sentence is too unreasonable on the grounds as stated in its reasoning.

Since the defendants' appeal is groundless, all appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, “AB of the judgment of the court below” in Article 25(1) shall be deemed as “establishment” of “AB of the judgment of the court below,” “AB of the 4th sentence of the judgment of the court below,” “a limited company” in Article 19 of the 4th sentence of the judgment of the court below shall be deemed as “AB of the limited company,” and “a deposit shall be made” in Article 20 of the 4th sentence of the judgment of the court below, “a deposit shall be made” and “a deposit shall be made,” and “a deposit shall be deleted” in Article 5th sentence after the 7th sentence of the judgment of the court below

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