도박개장등
1. The judgment below is reversed.
2. Defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for ten months.
3.Provided, That.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendants (the defendant A: one year of imprisonment, one year of imprisonment, ten months of suspended sentence, two years of suspended sentence, two years of probation, and two hundred hours of community service order, etc.) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the crime of gambling and gambling opening under Article 247 of the Criminal Act, prior to the judgment on the grounds for appeal by the Defendants, is nothing more than the period if gambling was opened for the purpose of profit-making, and the crime of violation of the Game Industry Promotion Act due to the opening of gambling and the provision of speculative acts using game products cannot be evaluated as one act under the law. Thus, the crime of violation of the Act on the Promotion of Gambling and the Game Industry due to the provision of speculative acts using game products should not be regarded as one act under the law, and it should be viewed as a substantive concurrent relationship (see Supreme Court Decision 2010Do4639, Jun. 24, 2010). However, the judgment of the court below which determined the punishment by deeming that this is in an ordinary concurrent relationship, and it is erroneous in the misapprehension of legal principles on
3. In conclusion, the above judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this court are as follows: (a) the facts charged in the judgment below, except for the changes to “the same,” as stated in the corresponding column of the judgment below, i.e., Articles 369 of the Criminal Procedure Act, 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 44 (1) 1, and Article 28 subparagraph 2 of the Act on the Promotion of respective Game Industry, Article 30 of the Criminal Act, Article 44 (1) 2, and Article 32 of the Act on the Promotion of respective Game Industry, concerning criminal facts, and the selection of punishment;