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(영문) 대구지방법원 2018.06.01 2017노1808

국민체육진흥법위반(도박개장등)등

Text

The judgment below

The part of the defendant A, B, C, D, E, and F shall be reversed.

Defendant

A. In six months of imprisonment, Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing)’s punishment sentenced by the lower court to the Defendant (one hundred and twenty months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

B. The prosecutor (with respect to both the defendants and the defendants) sentenced by the court below to the defendants (one year of imprisonment, two years of probation, two years of community service, two hundred hours of imprisonment, two years of probation, two years of probation, two years of probation, ten months of probation, two years of probation, two years of imprisonment, two years of probation, two years of probation, and two years of imprisonment, six months of probation, and two years of probation) are too uneasable and unfair.

2. The judgment ex officio (the part concerning the appeal against the above defendants A, B, C, D, E, and F) was examined ex officio prior to the judgment on the grounds for appeal against the above defendants A, and the prosecutor changed the facts charged in violation of the National Sports Promotion Act (the part concerning the joint crime committed by the above defendants) under Article 1 (the part concerning the crime committed by the above defendants) of the facts charged in the trial at the trial at the trial at the same time, and deleted "Article 47 subparagraph 2 and Article 26 (1) of the National Sports Promotion Act, Article 40 of the Criminal Act," and "Article 49 subparagraph 1 and Article 26 (2) 3 of the National Sports Promotion Act, Article 37, and Article 38 of the Criminal Act" from among the provisions of the law applicable to the above defendants, and applied for amendments to the indictment with the contents added "Article 49 subparagraph 1 and Article 26 (2) 3 of the National Sports Promotion Act, Article 37 and Article 38 of the Criminal Act.

As such, insofar as the changed part of the subject matter to be tried and the remaining convicted part of the above Defendants were sentenced to a single sentence as they are concurrent crimes under the former part of Article 37 of the Criminal Act, the part of the judgment below against the above Defendants cannot be maintained as they are

3. The crime of this case concerning the prosecutor's appeal against the defendant G is an offense promoting a speculative spirit and undermining the sound sense of work, and the crime is not good. The defendant, as a general manager of the site of this case, joined a gambling site to many and unspecified persons as a member by publicizing the gambling site. The crime of this case is an offense.