사행행위등규제및처벌특례법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.
2. The judgment of the court below is too inappropriate in light of the following factors: (a) the defendant committed the instant crime even though he/she had been sentenced to the punishment six times prior to the same crime (the punishment that was sentenced twice or more; (b) he/she committed the instant crime; (c) the defendant recognized and reflects the Defendant’s criminal act; (d) the defendant’s profits acquired from the crime are not high; and (e) the details and result of the crime including the fact that the defendant’s economic conditions are not good as a basic living recipient; (e) the method and consequence of the crime; (e) the circumstances after the crime; (g) the degree of punishment after the crime; (v) the balance with the accomplice
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 30 (1) 1 of the Act on Special Cases concerning the Punishment and Regulation of Speculative Acts, etc. concerning criminal facts and selective speculative acts, etc. and Article 30 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;