logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.04.29 2015노6897
도박공간개설등
Text

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

Reasons

1. The summary of the grounds for appeal against the Defendants is unreasonable by the lower court’s respective sentences (Defendant A: 2 years of suspended sentence in October; 160 hours of community service order and additional collection; 2 years of suspended sentence in August; 160 hours of community service order and additional collection; 1,271,00 won in addition to 160 hours of community service order and 1,271,000 won).

2. The fact that there is no good character of the crime, such as encouraging speculative spirit by multiple persons to open and operate an illegal sports gambling site in collusion, etc. Defendant A has been punished once by a fine due to a violation of the Game Industry Promotion Act, and the scale and period of operation of each of the crimes of this case is short.

Although it is not possible to do so, there are relatively large amounts of the defendants' participation in the crime of this case since the investigation stage. Meanwhile, the defendants confession all of the crimes of this case from the investigation stage, reflect their mistake, Defendant B is the primary offender, and the degree of the defendants' participation

In full view of the following circumstances: (a) the Defendants are unable to engage in their occupation in good faith and not re-offending; and (b) the Defendants’ age, sex, intelligence and environment, motive, background, means, methods, and consequence of the commission of the crime; and (c) the circumstances before and after the commission of the crime; and (d) the circumstances before and after the commission of the crime; and (e) the Defendants’ aforementioned unfair assertion of sentencing by the prosecutor is not acceptable, on the ground that each of the lower court’s punishment against the Defendants is too uneasible,

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

arrow