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(영문) 의정부지방법원 2018.04.17 2017노3538
국민체육진흥법위반(도박개장등)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for one year, and for eight months, each of the defendants B.

Defendant .

Reasons

1. The summary of the grounds for appeal is too unreasonable for each of the punishments (two years of imprisonment, additional collection, one year and six months of imprisonment, additional collection) against the defendants sentenced by the court below.

2. The instant crime is an organized crime that operates an illegal sports soil site with a large server and operating office in a foreign country outside the domestic judicial power, which causes serious social harm, such as promoting an excessive gambling spirit to the general public, impairing the awareness of sound labor, thereby causing failure of the economy and home life of the general public. Therefore, it is necessary to punish the instant crime.

The degree of the Defendants' participation is not less severe, and the amount of the paints deposited to the members is about KRW 116.6 billion, and the crime is also very poor.

However, the Defendants recognized the instant crime and opposed to the mistake.

Defendant

A was in de facto marital relationship with R as his father

G, which was introduced by S (R as a withdrawal of the instant crime, together with R), was involved in the instant crime around February 201. At the time, the age was 16 years.

Defendant

B was involved in the instant crime from October 1, 2014 to the proposal of each type G, and even if he/she voluntarily retires from committing the instant crime for about eight months during the middle.

Defendant

B There is a family member to be supported by B (in the instant crime, H and G, which is a smallest ar and a type of the instant crime, were sentenced to a sentence, and a large arna is a disabled person with disability 2). The Defendants are both the first offender and the investigative agency voluntarily surrenders to the investigation agency.

Considering such circumstances as the Defendants’ age, sex, family relation, family environment, motive and background of the crime, means and consequence, circumstances after the crime, equity in punishment with other accomplices, etc., the sentence imposed by the lower court is too unreasonable.

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