Of the judgment of the court below of the first instance, the part concerning aiding and abetting gambling (the penalty part) shall be reversed.

A fine shall be imposed on the defendant 2,500.

1. Scope of trial after remand;

A. The first instance court convicted the Defendant of all the facts charged, and selected each imprisonment with prison labor for a violation of the Act on the Promotion of Game Industry, a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., a crime of violating the Resident Registration Act, and a crime of escape, and sentenced the Defendant to imprisonment with prison labor for a period of two years and six months, and sentenced the Defendant to a fine of five million won for the crime of aiding and abetting gambling

In this regard, the defendant and the prosecutor appealed against the above judgment of the court below on the grounds of unfair sentencing.

The second instance court convicted the Defendant of all the facts charged, and sentenced the Defendant to imprisonment for a period of eight months.

As to this, the defendant appealed against the above judgment of the court below on the ground of the illegality of sentencing.

B. B. Before the remand of the judgment of the court of first instance prior to the remanding, the judgment of the court below was decided to consolidate the judgment of the court below, and each criminal facts in the judgment are concurrent crimes under the former part of Article 37 of the Criminal Act, and each of the judgment below was reversed in its entirety on the grounds that one sentence should be imposed on the grounds that one punishment is to be rendered. The judgment below was reversed, and as to the violation of the Game Industry Promotion Act, the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc., the violation of the Resident Registration Act, the violation of the Resident Registration Act, and

On the other hand, the defendant appealed on the ground of misunderstanding of facts, misunderstanding of legal principles and unfair sentencing.

(c)

Article 1(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013) shall apply Article 246(1) to aiding and abetting gambling ex officio, while the Supreme Court, which is the appellate court of the judgment remanded, reversed the part on aiding and abetting gambling in the judgment of the party prior to remand, on the ground that Article 246(1) of the current Criminal Act is erroneous, on the ground that Article 246(1) of the former Criminal Act is applied.