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(영문) 수원지방법원 2019.05.17 2019노104
사행행위등규제및처벌특례법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (three years of imprisonment) is too unreasonable.

A prosecutor made an application for amendment to a bill of amendment of an indictment to the effect that “from May to July 2012 to September 26, 2012” in the facts charged in the case at the time of the original trial [2018 order671] and the judgment of the court below cannot be maintained any longer due to the change in the subject of the judgment by this court’s permission.

However, the judgment of the court below is just to reverse the judgment of the court below, since the crime of the part where the above indictment was modified and the remaining crime are treated as concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment is sentenced.

The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is again decided as follows.

【Grounds for the Judgment of the court below’s reasoning】 The facts constituting a crime and the summary of the evidence recognized by the court below are stated in the corresponding column of the court below’s judgment, except where “from the date of failure to pay to September 26, 2012, to September 26, 2012” and “from the date of September 26, 2012,” and thus, it is identical to the stated in each corresponding column of the court below’s judgment. Thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Article 45 subparag. 4 and Article 32(1)2 of the Act on the Promotion of Game Industry related to criminal facts, and Article 30 of the Criminal Act provides that the same shall apply to cases where some accomplices exist. (The point of providing game products that are different from classification) Articles 44(1)2 and 32(1)1 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 44(1)2 and Article 32(1)1 of the Criminal Act, Article 30 of the Criminal Act, Article 44(1)2 and Article 32(1)7 of the Game Industry Promotion Act, Article 30 of the Criminal Act.

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