국민체육진흥법위반(도박개장등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
No. 9, No. 10, No. 10.
1. Summary of grounds for appeal;
A. Regarding the misunderstanding of facts and misapprehension of legal principles (as to the acquittal portion and the primary facts charged), the Defendant, along with E, F, etc., opened a “L site” (hereinafter “L site”) where the website of the overseas sports entertainment entertainment website was displayed, and provided property or property benefits to a person who correctly predicted the result after issuing independent game money at the above site. This is not only an act of merely mediating overseas sports sports Saturdays, but also an act of offering property or property benefits to a person who correctly predicted the result by issuing sports promotion voting rights or things similar thereto (hereinafter “similar act”).
Nevertheless, under different premise, the court below acquitted the Defendant on the violation of the National Sports Promotion Act (such as opening, etc. of gambling), which is the primary charge, and found the Defendant guilty only as to the violation of the National Sports Promotion Act due to the “act of mediating or arranging the purchase of things similar to the sports promotion voting right,” which is the primary charge, by misapprehending the facts or misapprehending the legal principles, which affected the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (one year and four months of imprisonment, confiscation) is too unhued and unfair.
B. The sentence imposed by the Defendant by the lower court is too unreasonable.
2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine
A. The summary of this part of the facts charged is as shown in the 10th and 11th 16 parallels among the acquitted portion of the judgment of the court below, and thus, the summary of this part of the facts charged is cited in accordance with Article 369 of the Criminal Procedure Act.
B. The lower court’s determination is based on its stated reasoning, the Defendant’s act indicated in the primary facts charged of the instant case.