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(영문) 수원지방법원 2017.04.14 2016노5806
국민체육진흥법위반(도박개장등)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (in the case of Defendant A: one year and two months of imprisonment; three years of probation; three years of probation; three years of probation; one year and six months of imprisonment; three years of probation; one year and one year of probation; two years of probation; two years of probation; two years of imprisonment in the case of Defendant E; ten months of probation; two years of probation; and two years of probation) are too unreasonable.

2. The operation of the illegal sports gambling site is an unfavorable circumstance against the Defendants, such as: (a) the Defendants’ crime was committed on a systematic and planned basis; and (b) the fact that the size of distributed gambling money is large; and (c) the operation of the illegal sports gambling site is likely to instigate a speculative spirit to cause great harm to the society and economy; and (d) the Defendants

However, there is no criminal history with Defendant A, C, E, and F, and there is no criminal history exceeding the fine for negligence with Defendant B and D, all the Defendants recognized and reflected the mistake through the prison life in the Thailand or in the Republic of Korea, and the degree of the Defendants’ participation in the crime is very significant.

The facts that do not seem to be favorable to the Defendants are favorable circumstances.

In light of these circumstances, comprehensively taking into account all the sentencing conditions as shown in the instant pleadings, including the Defendants’ age, sex, family environment, motive, means and consequence of the commission of the crime, etc., the sentence determined by the lower court against the Defendants cannot be deemed unfair because it is too uneasible.

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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