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(영문) 부산지방법원 2018.11.23 2018노3402
도박공간개설등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an additional collection of KRW 10, 73,551,751) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The circumstances are favorable for the following: (a) the Defendant, while having escaped abroad, returned voluntarily while he/she got home; (b) he/she is recognized as having committed a crime thereafter; and (c) the Defendant has no criminal history exceeding the fine

However, the crime of this case is committed not only by multiple accomplices participating in the crime but also by establishing an office in China to avoid crackdowns, and using a borrowed account, etc. The running period of the gambling site of this case is not shorter than two years, and the size of the gambling site of this case is equivalent to about 4.7 billion won, and the role of the defendant charging, exchanging, and withdrawing profits is important. The circumstances after the crime of this case are not good, even though the defendant knew that the trial was in progress against accomplices, such as the defendant's escape abroad about 3 years, even though he was aware that the trial was in progress, the defendant has already been subject to criminal punishment twice for the same crime, and the establishment and operation of the illegal sports gambling site requires severe social harm, such as encouraging the gambling spirit of the general public, thereby hindering sound punishment.

The court below determined the punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions that may be particularly considered in the trial.

In addition, the sentencing of the lower court is appropriate in full view of the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, equity in sentencing among accomplices, etc.

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