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(영문) 청주지방법원 2017.08.25 2017노784
국민체육진흥법위반(도박개장등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (defendant A: imprisonment of one and half years, confiscation, additional collection, Defendant B: imprisonment of one year and one year, additional collection, and confiscation) is too unreasonable.

2. The judgment below seems to have sentenced to punishment against the Defendants by taking into account the following circumstances: (a) the installation and operation of illegal gambling sites on the Internet requires severe social harm, such as encouraging the gambling spirit of the general public and undermining the desire to work, etc.; (b) the period of operation of gambling sites by the Defendants is shorter; (c) the Defendants appears to have been involved in the crime; (d) the profits acquired are not significant; and (e) the Defendants are acting against the Defendants when committing a crime.

When comprehensively considering the motive, circumstance, and result of the crime in the trial, the circumstances after the crime, the age of the Defendants, sexual conduct, and the history of punishment, as well as the matters constituting the conditions of the punishment in the trial, the judgment of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, we cannot accept the Defendants’ respective grounds for appeal.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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