국민체육진흥법위반(도박개장등)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In collusion with B and E, the Defendant did not have managed the employees, such as opening the instant sports gambling site, hiring employees, and paying monthly pay to the employees.
Nevertheless, the lower court found the Defendant guilty of the instant facts charged erred by erroneous determination.
B. The sentence of the lower court (one year of imprisonment) against an unjust defendant is too unreasonable.
2. Determination
A. In full view of all the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the assertion of facts, the fact that the Defendant opened the instant sports gambling site in collusion with B, E, and the Defendant was in charge of managing the employees from August 1, 2017 to December 6, 2017, such as hiring employees necessary for the operation of the said site in physical manner, and paying monthly pay to the employees, can be fully recognized.
Therefore, the defendant's assertion of facts is without merit.
1) The Defendant, at the first trial date of the lower court, led to the confession of the facts charged of this case (as to the part of the trial record No. 93). In so doing, the Defendant reversed the confession as alleged in the grounds of appeal on this part, and asserts that the above confession statement at the lower court was made false for the purpose of receiving the favorable action of a fine, as alleged in the grounds of appeal on this part.
However, the confession of the defendant at the original court is made under the assistance of the counsel of the deceased party, and the credibility of the confession is doubtful only on the grounds that the confession is different from the testimony at the original court.
In addition, unlike the above, the defendant cannot be viewed as a reason to make a confession of the facts charged in this case at the court below or the reason why the statement was reversed as above, and his previous offense relation and the contents of the defendant's assertion at the court below.