beta
(영문) 의정부지방법원 2018.04.05 2017고단5894

국민체육진흥법위반(도박개장등)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of protocol concerning the examination of suspect B of the police; and

1. Application of Acts and subordinate statutes to the copy of the statement protocol to C;

1. Article 47 subparagraph 2 of the relevant Act on the Promotion of National Sports of the Republic of Korea, Article 26 (1) of the relevant Act on the facts constituting an offense, Article 30 of the Criminal Act (a point of issuing similar sports promotion voting rights), Articles 247 and 30 of the Criminal Act (a point of opening gambling spaces);

1. Punishment prescribed in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on a person who violates the National Sports Promotion Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. Reasons for sentencing provided for in Article 51 (3) and (1) of the Promotion of National Sports for the purposes of collection;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of the recommended punishment according to the sentencing guidelines: From 8 months to 2 years [the scope of the recommended punishment] of imprisonment, the basic area (from 2 months to 2 years) of the three types of illegal sports gamblings, etc. (the scope of similar sports discussions) [the person subject to special sentencing] is in a commercial concurrent relationship, and the more serious violation of the Act on Promotion of National Sports (replacement, etc.) shall be considered only for the sentencing criteria for the crimes of violation of the Act on Promotion of National Sports.

3. Determination of sentence: The same sentence as the main sentence shall be determined by comprehensively taking into account the following conditions of sentencing as recorded in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after committing the crime, for ten months of imprisonment, the stay of execution of two years:

Normals disadvantageous: The nature of the crime is not good, and the circumstances favorable to the defendant's participation period is not short: The confession of the crime in this case and the first crime;