한국마사회법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The grounds for appeal (unfair punishment) prosecutor and the defendant asserts that the sentencing of the lower court (the sentencing of eight months of imprisonment and additional collection of twenty-five million won) is too minor or unreasonable.
2. The judgment of the court below is somewhat unreasonable in light of the following facts: (a) the Defendant, as a slicker, provided slick F with horse information and obtained pecuniary benefits equivalent to KRW 25 million from slicker F; (b) the Defendant was threatened with slicker G in the past and paid KRW 25 million on behalf of the Defendant; (c) the Defendant directly paid KRW 19.9 million to G separately; (d) the Defendant provided the horse information to G; (e) the Defendant voluntarily surrendered himself with respect to the provision of slicker information; (e) there is no possibility of repeating the same type of crime by losing slicker; (e) there is no child to support; (e) there is no criminal power, other than once before and after the punishment of this species; and (e) there is no depth in depth.
3. As such, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's argument is with merit, and the judgment below is reversed.
(1) Article 364(4) of the Criminal Procedure Act provides that a public prosecutor’s appeal shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act; however, the original judgment shall be accepted and the original judgment shall be reversed and the original judgment shall be reversed and the summary of the facts constituting an offense and the evidence shall not be indicated in the original judgment. The summary of the facts constituting an offense and the evidence against the defendant recognized by the court is the same as the entries
Application of Statutes
1. Relevant Article of the relevant Act on the facts constituting an offense and Article 53 (2) and (1) of the Korean Racing Association Act on the Selection of Punishment from Crimes (generally and finally choice of imprisonment);
1. Article 62 (1) of the Criminal Act;
2. The circumstances favorable to the defendant among the parts of the judgment.