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(영문) 서울중앙지방법원 2017.06.15 2017노595

국민체육진흥법위반(도박개장등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

No. 1 (50,000 won, issued by the Bank of Korea) of seized evidence.

Reasons

1. The sentence imposed by the court below is too heavy.

2. We examine the defendant's reasons for an unfair appeal for sentencing ex officio prior to judgment.

A prosecutor applied for the amendment of an indictment to “from April 24, 2014 to June 3, 2014,” which is the part of the charges against the Defendant, to “from April 24, 2014 to April 25, 2016,” and the same court permitted the amendment of an indictment to be tried.

3. The judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and the following is again decided after pleading.

[Judgment in its entirety] The summary of criminal facts and evidence against the defendant recognized by this court is identical to the corresponding column, except for the alteration of "from April 24, 2014 to June 3, 2014, to "from June 25, 2016" among the criminal facts of the lower judgment, the summary of the criminal facts and evidence against the defendant recognized by this court is identical to that of each corresponding column. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) Opening of gambling space: Articles 247 and 30 of the Criminal Act;

(b) An act similar to the issuance of voting rights for the promotion of sports: Subparagraph 2 of Article 47 and Article 26 (1) of the National Sports Promotion Act, Article 30 of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 51 (1) of the National Sports Promotion Act to be confiscated;

1. Article 2 subparag. 1 of the Act on Regulation and Punishment of Concealment of Criminal Proceeds from Additional Collection [Attachment] Articles 1, 8, and 10 of the [Attachment Table], Article 51 subparag. 3, and Article 51 subparag. 1 of the National Sports Promotion Act [25,000 won - 25,000,000 won (the amount of additional collection is deducted from the amount of additional collection as it is seized as evidence 1 and confiscated)] - 17,000,000 won (the property acquired from the disposition of seized criminal proceeds falls under “property derived from criminal proceeds” and thus, it corresponding to this.