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(영문) 대구지방법원 2019.08.13 2019노788
도박장소개설방조
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the court below is too unreasonable.

2. We examine the defendant's grounds for appeal ex officio prior to the judgment

On May 24, 2019, the Defendant was sentenced to imprisonment with prison labor for ten months with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Daegu District Court on May 24, 2019 and the said judgment became final and conclusive on June 1, 2019.

Since the crime of this case and the above crimes against the defendant for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment for the crime of this case shall be sentenced in consideration of equity in the case of concurrent crimes under the former part of Article 39(1) of the Criminal

In this regard, the prosecutor added to the facts charged in the indictment of this case against the defendant at the trial of the political party, "the defendant of criminal records was sentenced to two years of imprisonment with prison labor for the violation of the Punishment of Violences, etc. Act (joint conflict) and the above judgment became final and conclusive on June 1, 2019", and applied for permission to amend the indictment to add "the latter part of Article 37 and Article 39 (1) of the Criminal Act" to the applicable provisions of this case, and this court permitted this.

In this respect, the judgment of the court below is no longer maintained.

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

[Along with the reasoning of the judgment of the court below, the first head of the "criminal facts" of the judgment of the court below added "the defendant of criminal records was sentenced to a suspended sentence of two years for ten months on May 24, 2019 due to a crime of violation of the Punishment of Violences, etc. Act (joint conflict) at the Daegu District Court, which became final and conclusive on June 1, 2019" to "the defendant D, E," and the last head of the judgment of the court below is "the defendant D and E".

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