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(영문) 광주지방법원 2017.09.07 2017노2799
국민체육진흥법위반(도박개장등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (one year and two months of imprisonment) so far as the Defendant was so unfasible, and the Prosecutor appealed from the lower court’s punishment so unfased so that the Defendant was unreasonable.

2. The crime of this case, which was committed on the market, was committed by opening two illegal sports soil sites in China for about one year and six months. The frequency of the crime is very high due to systematic and planned crimes, and the scale of the Do money reaches approximately KRW 86.86 billion, and 25 large-scale bankbooks were used in the process. It is a crime that has a significant adverse impact on society, such as encouraging the gambling spirit of the general public and mass production of gambling addicts. The defendant is a head of night team, and the degree of his/her participation in the crime, such as education, management of users, daily settlement report, etc., is not easy.

However, it is more favorable to the fact that the defendant reflects his wrongness in depth, that he led to the crime by leaving the investigative agency by himself during the investigation process, that there is no previous convictions exceeding the same kind of criminal records or fine, and that he contributed 11 million won to the development of the gambling addiction treatment program in the first instance.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by both the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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