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(영문) 수원지방법원 2019.05.30 2019노187

도박공간개설등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for a term of two years and three months.

seizure.

Reasons

1. Summary of grounds for appeal;

A. The sentence of Defendant A and E (2 years and six months of imprisonment for Defendant A, 10 months of suspended sentence, 2 years of suspended sentence, 120 hours of community service) is too unreasonable.

B. Prosecutor 1) misunderstanding the facts at the lower court: (a) although the prosecutor sought additional collection against Defendant B, C, D, and E at the lower court, the lower court did not order the above Defendants to collect additional collection on the grounds that it was not distributed criminal proceeds by Defendant A, but merely received benefits. However, considering the above Defendants’ status and role in the instant crime, the above Defendants may be deemed to have received criminal proceeds distributed from Defendant A, and thus, the lower court should order additional collection equivalent to the amount of criminal proceeds distributed. ② The lower court’s order should be deemed to have been 253,081,00 won [20 million won per month from April 2017 to May 201] under the premise that Defendant A obtained an average of 20 million won from Defendant A, 200 won [20,000 won x 13 months x 6,919,00 won per month from June 16, 2017]. However, according to Defendant A’s prosecutor’s statement, the lower court’s order should be deemed to have collected unfair sentencing amount of KRW 200.

2. Judgment on the prosecutor's assertion of mistake of facts

A. In a case where the principal offender who committed a similar act as stipulated in Article 26(1) of the National Sports Promotion Act (hereinafter “National Sports Promotion Act”) against Defendant B, C, D, and E pays wages to employees who are co-offenders, if such wages are deemed to have been paid as part of the distribution of criminal proceeds.