beta
(영문) 대구지방법원 2016.10.05 2016노2522

국민체육진흥법위반(도박개장등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

9,616,500 won shall be additionally collected from the defendant.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, 9,616,500 won in addition) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the indictment with the following “criminal facts” and the subject of the judgment by this court was changed by permitting it. Thus, the judgment of the court below cannot be maintained further in this respect.

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 assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: 【The facts charged in the judgment of the court below’s judgment’s summary of the facts charged” is 【from around May 2013, 2013’s first sentence of the first sentence of paragraph (1) and “from around May 2013,” “from around May 4, 2010,” the second sentence’s “from around May 4, 2013,” and the third sentence’s “from around May 2013,” and the third sentence’s “from around 55,764, 525,968,031,515 won” of the 15th sentence’s “from around 525,764 times, 2187,678,794,794,797, and 360,000 won” attached to each of the relevant judgments of the court below, and thus, the judgment below’s judgment attached as it is is.

Application of Statutes

1. Article 47 subparagraph 2 of the relevant Act on the Punishment of Crimes and Articles 26 (1) of the National Sports Promotion Act, Article 30 of the Criminal Act (including similar acts of issuing sports betting tickets, including those of issuing sports betting tickets), Articles 247 and 30 of the Criminal Act (including those of opening gambling spaces, and inclusive);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall be more severe.