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(영문) 대구지방법원 2017.01.13 2016노3492

국민체육진흥법위반(도박개장등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the prosecutor examined the part of the charge No. 1 [the establishment of gambling and gambling space] against the Defendant in violation of the National Sports Promotion Act (the opening of gambling and gambling space)] as “violation of the National Sports Promotion Act” under the applicable law as “violation of the National Sports Promotion Act,” and “Article 47 subparag. 2 and Article 26(1) of the Criminal Act, Article 30 of the Criminal Act, Article 247 of the Criminal Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 49 subparag. 1 and Article 26(2)3 of the National Sports Promotion Act, and Article 26(1) of the Criminal Act as “Article 49 subparag. 1 of the National Sports Promotion Act, Article 26(2)3 of the Criminal Act,” and as a result, the aforementioned part of the charge was modified by the court to the effect that it is no longer subject to the judgment below.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is ruled as follows through pleading.

Punishment of the crime

1. No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall publicize any act of offering property or property benefits to persons who win the result by issuing the right to vote for sports promotion or things similar thereto, or mediate or arrange the purchase of sports promotion voting rights or things similar thereto;

Nevertheless, the defendant allowed members to predict the success of various sports games, etc. in Korea and abroad, and, if the result is met, remitted a refund according to the fixed dividend rate, and if the expected result is broom, it is illegal to confiscate the betting amount.