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(영문) 수원지방법원 2018.05.03 2018노1304
국민체육진흥법위반(도박개장등)방조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. In light of the fact that the defendant reflects his mistake and that the details of the crime of this case and the profits acquired by the defendant from the crime of this case are not significant, the punishment of the court below against the defendant (one year and two months of imprisonment) is too unreasonable.

2. We examine ex officio prior to judgment on the grounds for ex officio appeal.

Although the court below's holding that each of the above crimes constitutes a concurrent crime under the former part of Article 37 of the Criminal Act, since the fact that the defendant committed a violation of the National Sports Promotion Act (such as opening of gambling, etc.) and aiding and abetting the opening of gambling space constitutes several crimes, the court below has a concurrent crime under the former part of Article 37 of the Criminal Act.

On the other hand, the concurrent crimes were aggravated.

Such illegality has influenced the judgment.

Therefore, the judgment of the court below can no longer be maintained.

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

Criminal facts

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

Application of Statutes

1. Article 47 Subparag. 2 and Article 26(1) of the relevant Act on the Promotion of National Sports of the Republic of Korea; Article 32(1) of the Criminal Act (a) of the Criminal Act; Articles 247 and 32(1) (a) (a) of the Criminal Act; Article 3(1)1 of the Act on Regulation, Punishment, etc. of Concealment of Criminal Proceeds; Article 30 of the Criminal Act; Articles 49(4)2 and 6(3)2 (a) of the relevant Act on the Regulation, Punishment, etc. of Concealment of Criminal Proceeds;

1. Articles 40 and 50 of the Criminal Act (the crime of aiding and abetting in violation of the National Sports Promotion Act (or opening, etc. of gambling) and the crime of aiding and abetting in opening gambling spaces shall be between the crimes.

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