도박등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The Defendant filed an appeal against the lower judgment and did not submit the grounds of appeal within the lawful period for submission of the grounds of appeal.
However, in the trial of the court, unless the arguments of the court below are combined and there are reasons for ex officio reversal as follows, the judgment of the court below shall be judged ex officio.
On the other hand, the defendant filed an appeal against the judgment of the court below and the pleadings were combined in the trial. Since each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act, the judgment of the court below which rendered a separate sentence against each of the above crimes cannot be maintained in this respect.
2. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that there is a ground for ex officio reversal as seen above, and it is again decided following the pleading.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with
Application of Statutes
1. Relevant Article 246 (1) of the Criminal Act (the point of gambling), Article 347 (1) of the Criminal Act (the point of fraud) and selection of fines for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the reasonable circumstances] recognize all of the crimes of this case.
The amount of damage caused by fraud is not significant.
The amount of gambling is not large.
[Unjustifiable circumstances] The Defendant committed the instant fraud even though he had the record of punishment several times for the same kind of crime.
It was impossible to agree with the victim of the fraud crime.
The above circumstances are as follows.