Text
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for one and half years.
(b).
Reasons
1. Summary of grounds for appeal;
A. The Defendants’ punishment (Defendant A: imprisonment of one year, two years and six months of the suspended execution, protection observation, community service, 200 hours, 40 hours of gambling therapy, 200 million won and 200 million won of gambling therapy, Defendant B: imprisonment of one year and one year, additional collection of ten months, 2,915, 190,03 won) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
With respect to the establishment of a sports promotion (reburial, etc. of gambling) and a gambling space in the first instance trial, a prosecutor filed an application for modification of a bill of amendment with the purport that "the person receives 547,157,824,383 won in total from 138 accounts (one hundred and thirty-one account)" in the facts charged, "the person receives 137,906,110,115 won in total from 137 accounts (one hundred and thirty-one account)" was "the person receives 347,906,110,1115 won in total," and this court permitted this, and therefore, the corresponding part of the judgment of the court below was changed to the subject matter of the judgment, and thus, it cannot
B. This part of the charges modified by the lower court is a concurrent crime under the former part of Article 37 of the Criminal Act with the remaining facts charged that the lower court found guilty. As such, the lower court’s judgment should be reversed in its entirety.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants and the prosecutor's improper assertion of 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 evidence admitted by this court is as follows. The summary of the facts charged and evidence is as follows: “The person receives a remittance of KRW 547,157,824,383 in total with 138 accounts (one blank account)” in paragraph 1 of the Criminal Code of the judgment of the court below, and “the person receives a remittance of KRW 347,906,110,115 in total with 137 accounts (one set account).” The attached list of crimes (H) of the judgment of the court below shall be attached to this judgment.