사행행위등규제및처벌특례법위반등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months and confiscation) is too unreasonable.
2. According to the records of ex officio determination, the Defendant committed the instant crime, which was found guilty before the judgment becomes final and conclusive, in the Daejeon District Court on September 21, 2017, on which he/she was sentenced to imprisonment for one year, a suspended sentence of two years, and the judgment became final and conclusive on January 29, 2018, by committing a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Daejeon District Court.
As above, in the crime for which judgment became final and the instant crime are concurrent crimes after Article 37 of the Criminal Act, a punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.
Therefore, the judgment of the court below which did not consider it is impossible to maintain it as it is.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the part of the judgment of the court below against the defendant is reversed without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
Criminal facts
The summary of the crime and evidence against the defendant recognized by this court is as follows: "The defendant added one year of imprisonment with prison labor for violating the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Daejeon District Court on September 21, 2017, and the above judgment became final and conclusive on January 29, 2018 after being sentenced to two years of suspension of execution, etc." to the first head of the crime and the summary of the evidence in the judgment of the court below; and "documents related to the confirmation date A of January 2017 Highest 1816" to the column of the evidence, except for addition of "documents related to the confirmation date A of 2017
In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.
Application of Statutes
1. Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Criminal Crimes (a business operating speculative acts using speculative gaming machines).