한국마사회법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for a period of two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the reasons for appeal (one year of imprisonment and additional collection) is too unreasonable.
2. Each of the instant crimes committed is detrimental to the general public’s awareness of sound labor and promotion of excessive speculative spirit, with great social harm, Internet gambling sites are widely accessible to many and unspecified persons, and the size of the instant crime and the profits earned by the Defendant are not small, and the running period is also short.
However, in full view of the following: (a) the Defendant was detained for a considerable period of time due to the instant crime; (b) the Defendant was the first offender who has no record of criminal punishment; (c) the Defendant paid the full amount of the penalty to be collected in the first instance court; and (d) the Defendant’s age, sex, environment, circumstances, details and details of the crime; and (e) the circumstances after the commission of the crime, etc., and all the sentencing conditions specified in the records and arguments, the sentence of the lower court is too unreasonable.
Defendant’s assertion is with merit.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 50 (1) 1 of the Korean Marina Society Act, Article 48 (1) 2 (including the act of similar operation of horse race voting for racing), Article 27 (1) 1 and Article 24 of the Bicycle and Motorboat Racing Act (including the act of profit-making on racing, etc.), Article 247 of the Criminal Act (including the act of opening a gambling space, including the act of opening it), and Article 247 of the Criminal Act concerning the crime;
1. The crimes of Articles 40 and 50 (the violation of the laws of the Republic of Korea and the opening of gambling space) of the Criminal Act, and the crimes of violation of the Bicycle and Motorboat Racing Act.