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(영문) 춘천지방법원 2015.10.14 2015노697

상습도박등

Text

All the judgment below is reversed.

Defendant

A Imprisonment with prison labor of one year and fine of 5,000,000 won, Defendant B shall be punished by imprisonment of 10 months and 10 months.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, even though the crime of habitual gambling and the crime of habitual gambling assistance committed by Defendant A (Defendant A and E), the court below recognized the crime of habitual gambling and the crime of habitual gambling assistance committed by Defendant A as concurrent crimes. The court below erred by misapprehending the legal principles as to the number of crimes, which affected the conclusion of the judgment. 2) The concurrent imposition of fines of KRW 20 million against Defendant A, Defendant A, and E exceeds the upper limit of the punishment, and thus, by misapprehending the legal principles as to the punishment of punishment, the court below erred by misapprehending the legal principles.

B. The sentence of unfair sentencing (Defendant A: 2,00,000 won in a suspended sentence of 1 year and fine of 20,000,000 won in a probation, probation, community service, 250 hours in a course of gambling addiction therapy, Defendant B: 10 months in imprisonment for a period of 2 years and fine of 15,00,000 won in a probation, probation, probation, 40 hours in a course of gambling addiction therapy, 250 hours in a community service, 250 hours in a course of community service, 2 years and fine of 10,000,00 won in a course of gambling addiction therapy, Defendant C: 40 hours in a suspended sentence of 6 months in prison, 2 years and fine of 1 year and fine of 20,000,000 won in a course of gambling addiction therapy, and Defendant E’s imprisonment for a period of 1 year and fine of 20,000 won in a way).

2. Determination

A. Determination of the misapprehension of the legal principle on the assertion that the crime of habitual gambling and the crime of habitual gambling and the crime of habitual gambling and the crime of habitual gambling are not the nature of the act, but the habitual gambling in the crime of habitual gambling or the crime of habitual gambling and the crime of habitual gambling are not the nature of the act, and the crime of habitual gambling and the crime of habitual gambling is not the nature of the act, and it constitutes the crime of habitual gambling and the crime of habitual gambling in the case where a person who has the habit of gambling and the crime of habitual gambling and gambling and aiding and abetting is punished as one crime (see, e.g., Supreme Court Decisions 84Do195, Apr. 24, 1984; 84Do195, Apr. 24, 198; 2006Do 8488, Apr. 24, 198).