국민체육진흥법위반(도박개장등)방조등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and nine months.
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles (as to the judgment of the court below of first instance), the Defendant only received the profit from gambling at an Internet illegal gambling site, and did not receive the remittance of funds from the illegal gambling site operated by B, etc. to the account in the name of the Defendant.
Nevertheless, the lower court determined that the Defendant aided and abetted the establishment of gambling spaces by violating the National Sports Promotion Act (Gambling, etc.) and the National Sports Promotion Act (Gambing, etc.). Therefore, the lower court erred by misapprehending the legal doctrine,
B. Each judgment of the court below on unreasonable sentencing (the first instance court's imprisonment with prison labor for six months and the second instance court's imprisonment for one year and six months) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
This Court decided to consolidate each appeal case against the judgment below and decided to hold the judgment below together, and each of the offenses against the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. Therefore, all of the judgment below should be reversed.
However, even if there are such reasons for ex officio destruction, the argument of misunderstanding of facts and misapprehension of legal principles about the judgment of the court of first instance is still subject to adjudication.
3. Judgment on the misunderstanding of facts and misapprehension of legal principles as to the judgment of the first instance court
A. The lower court also asserted the same as the grounds for appeal, and the lower court rejected the Defendant’s assertion on the following grounds, and convicted the Defendant of the instant facts charged.
1 B, etc. operating the Internet illegal gambling site in the name of “D” and “E” as indicated in the judgment, and keep the proceeds in the account under the name of “D” and “E” and refers to the trade name of “R” in order to withdraw them in cash safely.