국민체육진흥법위반(도박개장등)등
The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
A Imprisonment with prison labor of one year and two months, and Defendant B.
1. The summary of the grounds for appeal asserted that Defendant A’s imprisonment with prison labor for one year and six months, confiscation, additional collection of KRW 1,844,612,650, Defendant B’s imprisonment for one year, Defendant C’s imprisonment for six years, the suspension of the execution of six months, the community service order 120 hours, and the fine of KRW 4 million for Defendant D, respectively. The prosecutor asserts that the sentence of the court below is too uneasible and unfair, and that Defendant A and B’s punishment is too unreasonable.
2. We examine the judgment ex officio on the grounds for appeal by the prosecutor against Defendant A and the defendant A ex officio prior to the judgment on the grounds for appeal by the prosecutor.
According to the records, the amount of KRW 13,450,00 (Evidence 1, 2) seized by the investigative agency from Defendant A’s mother Q on July 14, 2015 constitutes part of the Defendant’s profits (see, e.g., evidence records 2593, 2600, 2601, 2626, 2626, 2627, 2756 through 2759) due to the Defendant’s crime of violating the National Sports Promotion Act, and should be excluded from the calculation of additional charges against Defendant A.
Therefore, from 1,844,612,650 to 1,831,162,650 to 1,831,650 to 1,84,612,650 to 13,450 to 650 to 1,84,61,650 to 1,850 to 1,84,650 won
Nevertheless, the lower court collected the total amount of KRW 1,844,612,650 from Defendant A. In so doing, the lower court erred by misapprehending the legal doctrine of collection of additional collection, thereby adversely affecting the conclusion of the judgment.
Therefore, the judgment of the court below against Defendant A cannot be maintained as it is.
3. We examine the reasons for the prosecutor’s appeal against Defendant B and Defendant B at once, as well as the prosecutor’s unreasonable grounds for sentencing.
The crime of violation of the National Sports Promotion Act established a gambling space by operating an illegal sports soil site. The size and operation period of gambling, the degree of criminal proceeds acquired from gambling, and the office building and operation of a server in a foreign country.