도박개장등
All judgment of the court below shall be reversed.
The imprisonment with prison labor for the accused shall be determined by one year and two months.
1. The summary of the grounds for appeal is too unreasonable that each punishment (one year of imprisonment with prison labor and six months of imprisonment with prison labor) declared by the original court against the defendant.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant, the first instance court, the second instance court, the Seoul Eastern District Court 2013Kadan2023, the second instance court, and the second instance court, after completing each hearing under Seoul Eastern District Court 2013Kadan2631, the defendant filed an appeal against each of the above judgment below, and the appellate court decided to hold concurrent trials. The first and the second instance court decided to hold concurrent trials on each of the above appeals. The first and the second instance court's offenses against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38 (1) of the Criminal Act.
In addition, as to the judgment of the court of first instance, the Defendant was sentenced to imprisonment for six months with prison labor at the Seoul Central District Court on October 18, 2013 and the judgment becomes final and conclusive on October 23, 2013 due to the crime of gambling opening and aiding and abetting at the Seoul Central District Court on October 18, 2013, and the offense that the court of first instance decided against the Defendant is in a concurrent relationship with the above offense for which judgment became final and the latter part of Article 37 of the Criminal Act, and is concurrently judged pursuant to Article 39(1) of the Criminal Act and the equity in consideration of
Therefore, all judgment of the court below can no longer be maintained.
3. Accordingly, the lower court’s judgment reversed all of the lower judgment pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s allegation of unfair sentencing, on the grounds of ex officio reversal as above, and rendered a judgment following the pleadings.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the first head of the facts charged in the judgment of the court of first instance, and the defendant is sentenced to a suspended sentence for six months for the purpose of gambling and aiding and abetting at the Seoul Central District Court on October 18, 2013.