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(영문) 서울남부지방법원 2015.08.13 2015노721
도박개장등
Text

The judgment below

The part of the additional collection against Defendant D shall be reversed.

Defendant

63 million won shall be collected from D.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendants A, B, and C did not have a substantial benefit from the instant crime, and that Defendant A voluntarily surrenders to an investigative agency to commit an unlawful act, and that the support of the said Defendants was obstructed by the said Defendants to their families in the case of Defendants B and C, each sentence (Defendant A, C: one year of imprisonment, and one year and six months of imprisonment) declared by the lower court against the Defendants is too unreasonable.

B. Defendant D, E, and F. (i) When Defendants were to be an employee, Defendant D and F were to be paid KRW 57 million each, Defendant E was to receive benefits, and Defendant E was to receive KRW 75.7 million each, and the Defendants did not obtain any other benefits. The above benefits received by the Defendants were received from the operator who realized benefits by similar acts under the National Sports Promotion Act, and the above benefits did not directly receive any benefits from such similar acts, and thus, they cannot be deemed as property benefits to be collected under the National Sports Promotion Act.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby additionally collecting not only the above benefits but also exceeding the above amount.

Dob. In light of the fact that the Defendants’ life was difficult and employed, the Defendants received the proposal of Defendant A, etc. and led to the instant crime, the Defendants divided their mistakes and reflects the Defendants, and the economic conditions of the Defendants are not good, etc., the sentence imposed by the lower court (the probation two years in October, respectively, and the community service order for 320 hours in 10 hours) is too unreasonable.

2. Determination

A. In light of the circumstances surrounding the Defendants’ assertion as to the instant crime, including the background leading up to the instant crime, the circumstances after the commission of the crime, the age and environment of the Defendants, and character and conduct, and the reasons for sentencing of the lower judgment against the Defendants, the lower court’s punishment against the Defendants is examined.

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