사행행위등규제및처벌특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The sentence of the court below to the defendant (two months of imprisonment and confiscation) is too unlimited and unfair.
2. We examine ex officio determination. According to the records, the defendant, on February 12, 2014, was sentenced to 10 months of imprisonment and 2 years of suspended execution on February 20, 2014 by committing a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. at the Daejeon District Court on February 12, 2014. The facts that the above judgment became final and conclusive on February 20, 2014, and each of the crimes of this case were committed before the above judgment becomes final and conclusive. As such, each of the crimes for which the judgment became final and conclusive and each of the crimes of this case were determined by taking into account the case of concurrent crimes under Article 39(1) of the Criminal Act and equity, the judgment below which did not take
3. If so, the court below's decision of this case is reversed in its entirety under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after hearing.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the relevant column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 44 (1) 1 and Article 28 subparagraph 2 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 1 of the Act on Promotion of the Game Industry, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. The latter part of Article 37 of the Criminal Act concerning concurrent crimes;