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(영문) 서울중앙지방법원 2017.07.14 2017노1290
국민체육진흥법위반(도박개장등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence sentenced by the first instance court (one year of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. In addition to the circumstances described in the column for the reasons for sentencing of the first instance judgment, the Defendant first entered Cambodia among the related persons arrested by the instant case, received management expenses incurred in the Cambodia office, and disbursed them to the “F,” and reported the overall situation of the office to the person who is “F,” and performed a key role in the management of the instant site and Cambodia office. The Defendant, on July 9, 2016, escaped without returning to Korea immediately after the release from Cambodia Bosia Prison, and the accomplices went back to Korea. The Defendant did not return to Korea after the completion of the trial of the accomplice, and he did not return to Korea after the completion of the trial of the accomplice. Meanwhile, the Defendant had the same criminal history, while there was no objective evidence as to the fact that the Defendant earned profits from the instant crime, other than 6,00,000 won recognized by the Defendant, and considering all other factors such as sentencing that it is difficult to deem the Defendant led to the instant crime, even if the Defendant asserts the Defendant’s punishment to the Defendant, it cannot be considered that the Defendant’s punishment was unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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