국민체육진흥법위반(도박개장등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The evidence No. 17, which has been seized, shall be from the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than ten months, confiscation, confiscation, collection of 270,485,050 won) imposed by the court below is too unreasonable.
The Defendant asserted, on the date of the first trial, “the fact-finding or unreasonable sentencing” as the grounds for appeal, but stated that all the charges modified during the third trial were led to confession.
Although the Defendant did not withdraw the assertion of “the fact-finding person” made on the first trial date, it is deemed that the Defendant’s statement reflected the above statement, and only the Defendant’s ground for appeal, as the grounds for appeal.
2. The ex officio determination prosecutor changed the facts charged in this case as stated in the separate sheet, and applied for permission of changes in indictment with the purport of adding "Article 10 of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds" to the applicable provisions of the law, and since this is changed by this court's permission, the judgment of the court below can no longer be maintained.
3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is rendered through pleading.
[Reasons for the judgment of the court which has been written] The facts constituting a crime and the summary of the evidence recognized by the court are as shown in the separate sheet, and the summary of the evidence is as stated in the separate sheet, and the summary of the evidence is as follows: "1. The defendant's statement in the court of the trial" is changed to "1. The defendant's statement in the court of the trial" and "1. A copy of the indictment" is added to the corresponding column of the judgment of the court below
Application of Statutes
1. Article 47 subparagraph 2 of the relevant Act on the Punishment of Criminal Crimes and Articles 26 (1) of the National Sports Promotion Act, Article 30 of the Criminal Act, Articles 247 and 30 of the Criminal Act, Article 3 (1) 1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Article 30 of the Criminal Act on the Punishment of Criminal Proceeds Concealment;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.