한국마사회법위반(도박개장등)
All appeals filed by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant A1) Although there was no fact that the Defendant had gained the profit of KRW 156 million due to the instant crime, the Defendant obtained the said profit.
The judgment of the court below that collected the same amount as recognized is erroneous by mistake.
2) The main sentence sentenced by the lower court to the Defendant (one year and two months of imprisonment) is too unreasonable.
B. Defendant B’s sentence (10 months of imprisonment) is too unreasonable.
(c)
The sentence of the lower court (Defendant A: Imprisonment with prison labor for a year and two months, confiscation, additional collection of KRW 156 million, Defendant B: imprisonment with prison labor for a period of ten months) against the Defendants of the public prosecutor is too unfluent and unreasonable.
2. Determination
A. The following circumstances, i.e., the evidence duly adopted and examined by the court below, based on the determination as to Defendant A’s assertion of mistake of facts, i.e., the Defendant was punished by KRW 2,50,000,000 for about one year, due to the instant crime at the police investigation stage.
The testimony was made (Evidence No. 479 of the Evidence Record), and the prosecutor’s investigation stage stated that the total profits amount to KRW 156 million was 10,000 (Evidence No. 526 of the Evidence Record), but no particular profits were raised due to the instant crime.
The grounds for appeal submitted by the defense counsel (the 11th page of the grounds for appeal), the criminal procedure is proceeding, and the defendant's statement about profits at the prosecutor's stage shows a tendency to reduce his/her own profits. ② The defendant's statement about profits at the prosecutor's stage is calculated according to his/her own name and credibility in light of the statement circumstances.
(3) The Defendant asserts that the amount of money deposited in the passbook (J) in the name of the Defendant used to commit the instant crime was arising from a personal transaction unrelated to the instant crime, but the said amount is equivalent to the said money, even if the Defendant’s assertion on this part is true.