국민체육진흥법위반(도박개장등)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The sentence of the court below (two years of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is committed by the defendant in collusion with co-defendant B, etc. of the court of first instance, and the crime of this case is not likely to be committed in light of the operation period, size, harm to society, etc., and is also frighten.
However, it appears that the defendant recognized all of the crimes in this case and reflected in depth, and it appears that he had been living through sound economic activities around December 2015.
The defendant is also the most likely to have a child in need of care and support of his or her wife and parents who are not familiar with Korean life.
Considering the above circumstances comprehensively taking into account the following circumstances, the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, and economic benefits from the crime, etc., the lower court’s punishment against the Defendant is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are identical to the facts constituting the crime of the defendant and the summary of the evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Subparagraph 2 of Article 47 of the National Sports Promotion Act applicable to the facts constituting an offense, and Articles 26 (1) of the same Act, Article 30 of the Criminal Act (including similar acts to issue sports betting tickets, etc.), Articles 247 and 30 of the Criminal Act (including the act of opening a gambling space and including the act of opening it);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition [the crimes prescribed for the violation of the National Sports Promotion Act of heavier punishment (such as gambling, opening, etc.];