국민체육진흥법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive.
1. The sentence of one-year imprisonment imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. The judgment below's punishment is too unreasonable, since it is judged that the defendant's punishment is too unreasonable, since the defendant's punishment is too unreasonable, it is the first offender without any previous conviction, the defendant's life with prison labor for a period exceeding five months, the defendant's direct distribution of the proceeds of the crime of this case or does not seem to play a leading role in the crime. The defendant's other factors of sentencing specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc.
3. Since the defendant's appeal is with merit, 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 facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 1 of Article 47 and Article 26(1) of the former National Sports Promotion Act (Amended by Act No. 12348, Jan. 28, 2014; hereinafter the same shall apply), Article 30 of the Criminal Act, Articles 247 and 30 of the Criminal Act concerning facts constituting an offense
2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.
3. Selection of sentence of alternative imprisonment;
4. Article 62 (1) of the Criminal Act;
5. Article 51 (3) and (1) of the former National Sports Promotion Act.