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(영문) 부산지방법원 2018.04.19 2018노235
국민체육진흥법위반(도박등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The sentence of the lower court (six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The instant crime committed by the Defendant was committed by the Defendant with access to the private sports gambling site and gambling totaling KRW 919,790,000 on 559 occasions, and the Defendant was committed with heavy liability in light of the content of the crime, and the circumstances unfavorable to the Defendant are recognized.

However, in light of the fact that the defendant led to the confession of the crime of this case and reflects the truth in depth, that there is no particular criminal history against the defendant, that there is a family member to support the defendant, etc., and that there is a clear social relation, such as the defendant's age, sexual conduct, environment, etc., the court below's punishment against the defendant is too unreasonable because it is too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the Act on the Promotion of National Sports for the Selection of Criminal Facts, and Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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