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(영문) 대구지방법원 2018.03.23 2017노5008
국민체육진흥법위반(도박개장등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

As to the defendant, 23,500,000 won shall be additionally collected.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months, additional collection of 23.5 million won) is too unreasonable.

2. The establishment and operation of illegal gambling sites, such as the instant case, promoted an excessive gambling spirit to many unspecified persons and undermines the awareness of sound labor, and thus is highly harmful to society, and it is necessary to severely punish such illegal gambling sites as it has not been eradicated despite continuous crackdown.

The defendant took part in the crime of this case, which was planned to lend apartment to China for a long time, and the size of gambling funds in transactions with the opening period of the gambling site is reasonable.

The Defendant appears to have received a certain amount of profit separately from other employees in charge of the management of gambling site, probation report, management of employees, etc. as the head of the weekly team from October 2016 to August 7, 2017.

After being detained, the principal offender destroyed evidence and did not enter the country for a long time by destroying things related to the operation of the gambling site.

However, the Defendant is the primary offender, and the Defendant is committing the instant crime against the wrongness, and the Defendant served as an employee in charge of the duties directed by the principal offender upon receiving monthly salary, who was in charge of the instant crime.

In full view of the records and arguments of this case, it is difficult to see that the involvement in the crime related to the account Nos. 6, 7, and 8 in the list of crimes in the judgment of the court below seems to be indirect, and that the fairness of sentencing with the accomplice is considered to be favorable to the defendant. In full view of the profits acquired by the defendant, the level of punishment against the accomplice, the degree of cooperation in the investigation, the age, the sex, the environment, the motive and circumstance of the crime, and the circumstances before and after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is reasonable, and the Criminal Procedure Act is applicable.

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