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(영문) 수원지방법원 2016.10.14 2016노4944
도박공간개설등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C shall be punished by a fine of KRW 20,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of facts (Defendant A: 9,035,496,227 won for gambling revenue acquired by Defendant A from the instant crime; however, the judgment of the court below which collected only KRW 296,100,00 from Defendant A was erroneous in the misapprehension of facts as to the calculation of gambling revenue, and thereby adversely affected the conclusion of the judgment. (2) The judgment of the court below is unreasonable. (2) The judgment of the court below's unjust sentencing (the defendant A: 2 years of imprisonment and additional collection; 2 years of probation and social service order; 120 hours of probation and community service order; 6 months of imprisonment; 120 hours of probation and community service order; 120 hours of imprisonment for October; 2 years of probation and community service order; 120 hours of probation and community service order; and 120 hours of probation and community service order).

B. The punishment of Defendant A against Defendant A is too unreasonable.

Defendant

A, in light of the fact that the court below collected only KRW 296,100,000 from Defendant A in the statement of grounds for appeal, stating that Defendant A acquired gambling earnings of KRW 9,035,496,227 in the criminal facts stated in the judgment of the court below shall be deemed to be a clerical error, and otherwise, if not, it shall be deemed to be a clerical error.

However, in relation to the crime of violation of the National Sports Promotion Act (Opening of Gambling) and the establishment of gambling spaces, the scope of gambling proceeds is not the element of crime, and thus, the assertion about this cannot be viewed as a dispute over the misunderstanding of facts by the court below

However, the following 2.b:

As seen in the foregoing paragraph, it cannot be deemed that the amount of profit acquired by the Defendant from the crime of opening a gambling place in this case reaches KRW 9,035,496,227 as a result of the Defendant’s violation of the National Sports Promotion Act and the crime of opening a gambling space, and furthermore, the amount of the proceeds of gambling is not the fact that the crime of violating the National Sports Promotion Act (Opening Gambling) and the crime of opening a gambling space is not the fact of the crime, and as seen in the above 3., the corresponding part of the facts constituting the crime

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