국민체육진흥법위반(도박등)방조
The judgment of the court below is reversed.
Defendant shall be punished by a fine of four million won.
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 (4 million won penalty) is too unreasonable.
2. We examine the defendant's grounds for appeal ex officio prior to judgment.
The crime of this case constitutes an aiding and abetting a violation of the National Sports Promotion Act (Gambling, etc.) and thus, a punishment shall be determined within the scope of the term of punishment for which mitigation has been required pursuant to Article 32(2) of the Criminal Act.
The judgment of the court below contains an error of law by omitting the mitigation of aiding and abetting.
In this respect, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and the judgment of the court below is reversed and it is again decided as follows.
[Re-written judgment] The criminal facts and the summary of the evidence acknowledged by this court are identical to the facts stated in each corresponding column of the judgment of the court below, with the exception that "at least twice the money received as such" and "at least twice the money received as such" in the second 8th 10th 2th 10th 2th 10th 2th 10th 10th 2th 2th 2th 2th 369 of the judgment of the court below as "at least more than the total amount of money paid as such and money on the site of other private sports games." Thus, it is cited as it is in accordance with Article 369 of
Application of Statutes
1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act as to the crime, the selection of fines, Article 32 (1) of the Criminal Act, and the selection of fines;
1. Article 32 (2) and Article 55 (1) 6 of the Criminal Act to be mitigated legally;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentence shall be imposed in consideration of the equity in the case of concurrent judgments with the crime of violation of the Narcotics Control Act, which has become final and conclusive in the sentencing of Article 334(1) of the Criminal Procedure Act, on the condition that the crime related to gambling is promoting an excessive speculative spirit among the general public.