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(영문) 수원지방법원 2013.09.26 2013노2479

한국마사회법위반

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for ten months.

Defendant

B KRW 40,000,000.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A (one year of imprisonment) is too unreasonable.

B. Defendant B (1) An erroneous judgment of the court below in determining the facts, and attached Form 2 List of Crimes (hereinafter “the List of Crimes”).

With respect to the crimes Nos. 1 through 39, the above defendant was not paid KRW 19.5 million on a monthly basis from around April 2008 to December 2009, but received KRW 200,000 to KRW 300,000,000,000 from around December 2009. The defendant's defense counsel was finally arranged the money that the above defendant received from A through the summary of the oral argument submitted at the date of the oral argument at the court of first instance. Further, with respect to the crimes Nos. 40 to 43, the above 35,000 won was not received from A in relation to a solicitation of horse Information, but was lent to A more than KRW 5,00,000 from around April 208 to December 2, 209 (the above defendant's defense counsel received the above defendant's money from KRW 5,000,000 to KRW 5,000,000,000).

C. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Defendant B’s assertion of mistake of facts and ex officio determination of Defendant A

A. The burden of proving the facts charged in a criminal trial on the amount received between the Defendants in relation to the crime Nos. 1 through 39 in relation to the crime set forth in the list of crimes shall be based on evidence with probative value, which makes the judge feel true to the extent that there is no reasonable doubt.