국민체육진흥법위반(도박개장등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is deemed to have aided and abetted the operation of the gambling site by providing a sports gambling site for a period of up to three years, and allowing accomplices to perform server management work, and such crime is likely to cause serious social harm, such as encouraging the gambling spirit of the general public, impairing the awareness of sound work, impairing the family life, etc., and thus, need to be punished corresponding thereto.
However, in full view of the fact that the defendant has an opportunity to reflect on the defendant's living in custody for more than seven months, and other circumstances, such as the defendant's age, motive for the crime, role and degree of participation, sentence imposed on other accomplices, and family relation, the sentence of the court below is unreasonable.
3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, it is also accepted by Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 47 subparagraph 2 of the relevant Act on the Promotion of National Sports of the Republic of Korea; Article 26 (1) of the said Act on the facts constituting an offense; Article 32 of the Criminal Act (including aiding and abetting similar acts, such as issuing sports promotion voting rights); Articles 247 and 32 of the Criminal Act (including aiding and abetting opening gambling spaces; hereinafter the same shall apply);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act
1. Article 51 (3) and (1) of the Promotion of National Sports for the purposes of additional collection;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be illegal sports gambling, etc.;