국민체육진흥법위반(도박등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering the fact that there are many times of gambling by the accused and the amount of gambling, strict punishment against the accused is necessary.
However, considering the defendant's age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable. Thus, the above argument by the defendant is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act, the selection of fines for criminal facts, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;