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(영문) 부산지방법원 2019.08.20 2019노1926
국민체육진흥법위반(도박개장등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Determination of the gist of the grounds for appeal (a year of imprisonment, confiscation, and collection of penalty) is unreasonable;

2. The lower court rendered a sentence by comprehensively taking account of the role of the Defendant and the period of crime.

There is no change in sentencing elements in the appellate court.

Although the sentencing guidelines do not apply to the commercial competition relationship, the sentencing factors of the crime of violation of the National Sports Promotion Act (gambling, etc.) and other factors of sentencing are reviewed in this court, it is not unreasonable to determine the sentencing of the original court.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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