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(영문) 서울서부지방법원 2018.05.17 2017노1728
한국마사회법위반(도박개장등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

74,468,459 won from the defendant.

Reasons

1. The decision of the court below (a year and six months of imprisonment, and an additional collection) on the gist of the grounds of appeal is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant before determining ex officio.

The court below held that the crime of opening gambling, which is the crime of violation of the Korean Marina Act (such as opening gambling), and the crime of opening gambling, which is the crime of 3. The crime of opening gambling, is in the relation of substantive concurrent crimes, and the crime of opening gambling, which is the crime of 3. The crime of opening gambling, which is the crime of 2. The crime of violation of the Bicycle and Motorboat

The decision was determined.

However, the crime of opening gambling, which is the crime of violation of the laws of the Republic of Korea and the crime of opening gambling 3. The crime of opening gambling, which is the crime, is related to ordinary concurrent crimes (see Supreme Court Decision 2016Do119, Jan. 12, 2017), and the crime of opening gambling 3. The crime of opening gambling, which is the crime, is also related to ordinary concurrent crimes (see Supreme Court Decision 2016Do1819, Jan. 12, 2017).

It is reasonable to view it.

In this regard, the lower court failed to decide on this part of the crime receipt relation, so the lower judgment was no longer maintained in this respect.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 50(1)1, Article 48(1)2, Article 30(1)2 of the Korean Marina Society Act, Article 50(1)1, Article 48(2)1 of the Criminal Act, Article 30(1)1, and Article 48(2)1 of the Korean Marina Society Act, Article 30 of the Criminal Act, Article 50(1)1, Article 50(1)1, and Article 48(3)1 of the Korean Marina Society Act, Article 50(1)1, and Article 48(3)1 of the Korean Marina Society Act, Article 30 of the Criminal Act (the transmission of notice of information provided to the society).

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