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(영문) 인천지방법원 2016.11.04 2016노3542
국민체육진흥법위반(도박개장등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., punishment No. 1: imprisonment with prison labor for 2 months, with prison labor for 2 months, and Articles 2 and 3: Imprisonment with prison labor for 1 year and 4 months, and confiscation) of the lower court against the Defendant is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the facts of the crime and reflects the depth of the crime, and the crime No. 1 is to be considered at the same time in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act and concurrent crimes under the latter part of the Criminal Act. However, it is recognized that the number of personal information provided by the defendant is considerable, the defendant committed the crime No. 2 and 3 at the time of original adjudication without being aware of it even during the period of repeated crime, the amount of gambling funds in relation to the crime No. 2 at the time of original adjudication reaches 81 billion won, and the degree of the defendant's participation is very serious, and the nature of the crime is not good in light of the number of means of access to the crime No. 3 at the time of original adjudication, the purpose and acquisition method of the means of access to the crime No. 3 at the time of the original adjudication, and other various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and environment, motive, means and result after the crime.

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

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