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(영문) 울산지방법원 2016.07.13 2016노176
국민체육진흥법위반(도박등)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

No. 1 of the seized evidence shall be confiscated.

Reasons

1. The summary of the grounds for appeal that each of the judgment below rendered by the defendant (the first judgment: imprisonment with prison labor for one year, additional collection for one year, 148, 672, 722, and the second judgment: Imprisonment for two months, additional collection for two months, and KRW 10,000) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against each judgment of the court below, and this court decided to hold concurrent hearings against each case of appeal against each judgment of the court below. Each of the offenses of the court 1 and 2 with respect to the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the above judgment of the court below cannot be maintained any more.

3. As such, each of the judgment 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 in entirety, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 48 subparagraph 3 of the relevant Act and Articles 48 and 26 (1) (the occupation of gambling using similar acts, the choice of imprisonment), Article 49 subparagraph 1 of the Sports Promotion Act, and Article 26 (2) 3 (the occupation of mediating similar acts, and the choice of imprisonment) of each of the national sports promotion Act concerning criminal facts;

1. Aggravation of concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes with the punishment provided for in the crimes of violation of the Promotion of National Sports (Gambling, etc.) of the Act on the Promotion of Concurrent Crimes by 50 [the punishment shall be aggravated for concurrent crimes of which the punishment is the most severe set forth in the

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 48 (2) and 48 (1) 2 of the Criminal Act for collection of corresponding value;

1. The order of provisional payment;

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