한국마사회법위반(도박개장등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Seized evidence shall be confiscated.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) against the Defendant is too unreasonable.
2. The fact that the crime of the board is organized, that the defendant led, that the period of business is long, that the size of business is considerable, and that the circumstances are not good after the crime are unfavorable to the defendant.
However, in full view of the fact that the defendant led to the confession and reflect of the crime, and actively cooperates in the investigation of the illegal private light news site after being detained, equity with other accomplices (D, C, N, L, M, etc.) whose judgment has already become final and conclusive, and other circumstances, such as the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 50 (1) 1, Article 48 (1) 2, Article 30 (1) of the Criminal Act, Article 50 (1) 1, Article 48 (2) 1 of the Korean Marina Society Act, Article 30 of the Korean Marina Society Act, Article 30 (1) 1, Article 48 (2) 1 of the Criminal Act, Article 30 of the Criminal Act, Article 27 (1) 1, and Article 24 of the Bicycle and Motorboat Racing Act, Article 30 of the Criminal Act, Article 27 (1) 1, and Article 24 of the Korean Eina Society Act, Article 30 of the Criminal Act (including similar racing activities, including those in a similar racing) for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 56 of the Korean Marina Act, Article 32 of the Bicycle and Motorboat Racing Act;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;