국민체육진흥법위반(도박개장등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering that the nature of the instant crime is not good, strict punishment against the Defendant is necessary.
However, in light of the fact that the defendant has already divided his mistake in depth, that the defendant is the first offender who has no criminal history, and that the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the court below's punishment against the defendant is too unreasonable. Thus, the above argument by the defendant is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column 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 47 subparagraph 2 of the relevant Act concerning the facts constituting an offense, Article 47 subparagraph 2 of the National Sports Promotion Act and Article 26 (1) of the same Act, Article 30 of the Criminal Act, and selection of imprisonment with prison labor;