사행행위등규제및처벌특례법위반등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for one year.
The Daejeon District Prosecutors' Office, which has been seized, shall be the District Prosecutors' Office.
The summary of the grounds for appeal (unfair punishment): the punishment (in the first instance court: imprisonment with prison labor for 10 months and in the second instance: imprisonment with prison labor for 10 months) that the court below made is too unreasonable.
We examine ex officio the defendant's grounds for appeal prior to judgment.
This court decided to concurrently examine the appeal cases of the first instance judgment of the second instance judgment against the defendant, and on the other hand, each of the offenses committed in the judgment of the court below which found the defendant guilty is a concurrent offense under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act, so in this regard, the first and second lower judgment shall be reversed.
Therefore, the judgment of the court below is reversed in all of the judgment below without examining the defendant's assertion of unfair sentencing since the grounds for ex officio reversal as seen earlier, and it is again decided as follows.
[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 30 (1) 1 and Article 2 (1) 2 of the Act on Special Cases concerning the Punishment, Regulation and Punishment of Specific Crimes, Regulation of Speculative Acts, etc. concerning the Selection of Punishment, etc., and Articles 44 (1) 2 and 32 (1) 1 of the Promotion of respective Game Industry Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reasons for sentencing under Article 48(1) of the Criminal Act and Article 44(2) of the Game Industry Promotion Act include: (a) the Defendant reflects his mistake; (b) the period of business is relatively long; and (c) it is difficult to deem the Defendant to have earned a large number of economic benefits; and (c) the Defendant has no criminal record other than the three-time fines.
(b).