한국마사회법위반등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
Seized Nos. 1, 2, 9-17.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. On September 19, 2017, the lower court determined that the Defendant was unable to serve a duplicate, etc. of the indictment on the grounds that the whereabouts of the Defendant was unknown, and determined that the service of the Defendant was made by means of serving public notice, and that the Defendant was examined on October 31, 2017 pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 19 of the Enforcement Rule of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and sentenced the Defendant to imprisonment with labor for
According to the above facts, there is no reason to assume that the defendant was unable to attend the trial and there is a reason to request a retrial.
Recognized.
Accordingly, this court's revocation of the decision to serve public notice and again served a copy of the indictment, etc., and then newly progress all the trial proceedings including the examination of evidence, so the judgment of the court below cannot be maintained any more.
3. The judgment of the court below is reversed ex officio as above, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled as follows.
【Grounds for another judgment】 The facts constituting a crime and summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for the addition of “1. Defendant’s legal statement” to the column of the evidence. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 50 subparag. 1 and Article 48 subparag. 2 subparag. 1 of the former Korean Marina Association Act (wholly amended by Act No. 13146, Feb. 3, 2015); Article 30 of the Criminal Act ( comprehensively included act similar to horse riding voting), Articles 247 and 30 of the Criminal Act ( comprehensively included act of opening gambling spaces), Articles 49 subparag. 4 subparag. 1 and 6 subparag. 3 subparag. 1 of the former Electronic Financial Transactions Act ( comprehensively included act of opening gambling spaces) regarding criminal facts.