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(영문) 대구지방법원 2016.09.23 2016노1238
국민체육진흥법위반(도박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. It is recognized that the judgment defendant repents his mistake as an initial offender.

However, in light of the fact that the number of the defendant's participation in the private sports entertainment has reached 83 times in total and that the amount deposited for filling game money exceeds 179 million won, there is no change of circumstances that can be determined differently from the original judgment and the punishment in the trial, and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, all of the sentencing conditions specified in the argument of this case, such as the defendant's age, sexual conduct, and environment, the motive, means and consequence of the crime of this case, are considered, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and is so decided as per Disposition (see, e.g., Supreme Court Decision 2009Da36444, Apr. 1, 2009). (A) “Habituality: In light of the period of the crime, frequency of the crime, and size of the board money,” the Defendant’s appeal was dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the Defendant’s appeal was habitually posted in the column of the evidence.

“Abscambling using an act.”

“Inasmuch as it is apparent that the term “(Habitual gambling)” in the pertinent provision of the criminal facts in the context of the applicable statutory application is a clerical error in each “(s)” (including habitual gambling, including habitual gambling). Therefore, it is corrected ex officio to add and correct it pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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