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(영문) 서울동부지방법원 2020.02.06 2019노1221

도박공간개설방조등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Seized No. 1.

Reasons

1. Grounds for appeal (the factual error and the unreasonable sentencing)

A. Since only the withdrawal of money deposited in the relevant account from May 2019 to June 10, 2019 is related to the gambling site in the name of “F”, the amount of cash withdrawal and delivery by the Defendant related to the said site should be limited to the part during the said period.

B. The lower court’s imprisonment (one year of imprisonment, confiscation) against the Defendant is too unreasonable.

2. The indictment shall be deemed ex officio prior to the judgment on the grounds for ex officio appeal due to changes in indictment.

With respect to the business type and name of the gambling site operated in collusion with C, D, and E among the facts charged in the instant case, the prosecutor opened a gambling site similar to the gambling game in the name of "F" overseas from among the facts charged in the instant case, opened a gambling site similar to the gambling game in the name of "F" in the second sentence of the instant case, and applied for changes in the content of "AS", "F", etc., and applied for amendments to the bill of amendment to the indictment". Since the subject of this court's permission and judgment was changed, the judgment of the court below was no longer maintained.

3. Judgment on the assertion of mistake of fact: Provided, however, the defendant's assertion of mistake of fact is still meaningful.

According to the records of this case, C in a related investigation agency of 2015

3. From the first patrol officer, he participated in the operation of the gambling site.

The facts stated to the effect that “” was stated (Evidence No. 1212 of the Evidence Records) and the J, in the relevant case, were introduced to the investigative agency for cash withdrawal using the name of “C from March 2018, and participated in the act of cash withdrawal” (Evidence No. 1280, 1282 of the Evidence Records). The Defendant participated in the crime from May 2018 to June 10, 2019, and the fact that C et al. was arrested on April 2019 and continued to work in cash withdrawal to the account managed by the Defendant.