사행행위등규제및처벌특례법위반
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The defendant above.
1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.
2. Determination is an unfavorable circumstance that the defendant has a past record of criminal punishment several times.
However, in light of the fact that there is no history of punishment for the same type of crime, the degree of participation in the instant crime is relatively minor, and the background of the instant crime and other various circumstances, which form the conditions for sentencing as shown in the records, such as the Defendant’s age, character and conduct, environment, occupation and family relationship, the lower court’s punishment seems to be somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that 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 as shown in each corresponding column of the judgment of the court below, and thus, they are quoted 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 Regulation and Punishment of Specific Criminal Crimes, Regulation of Speculative Acts, etc. concerning the Selection of Punishment, Article 30 of the Criminal Act, and Selection of Fines;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;