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(영문) 수원지방법원 2014.07.03 2014노535
도박개장등
Text

The part against the defendant in the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal is that the punishment of each court below (the first judgment: imprisonment with prison labor for 10 months and 20 million won, and the second judgment: imprisonment for 8 months and 10 million won, and the second judgment: imprisonment with prison labor for 10 million won) is too unreasonable;

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each appeal case against the defendant was consolidated in the first judgment and the second judgment, among the first judgment and the second judgment. Each of the offenses against the defendant in each judgment of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, a single sentence shall be imposed at the trial concurrently in accordance with Article 38 of the Criminal Act. In this regard, the part against the defendant in the first judgment and the second judgment cannot be maintained.

3. As such, without examining the Defendant’s assertion of unfair sentencing, the part of the first and second court judgment ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act regarding the Defendant’s assertion of unfair sentencing is reversed, and the following is again decided after oral argument.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are all identical to the facts stated in the corresponding column of each judgment of the court below. Thus, they are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 247 and Article 30 of the Criminal Act, comprehensively including Article 44 (1) 1 and Article 28 subparagraph 2 of the Game Industry Promotion Act, Article 30 of the Criminal Act, comprehensively and comprehensively Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, comprehensively on the basis of the relevant legal provisions and the choice of punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48(1)2 and (2) of the Criminal Act; Article 10(1) and (2) of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

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