(영문) 울산지방법원 2017.11.24 2017노1046 | 리걸엔진

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Reasons

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자간(%)

(영문) 울산지방법원 2017.11.24 2017노1046

도박장소개설등

Text

Defendant

The guilty part of the judgment of the court below against A shall be reversed.

Defendant

A Imprisonment with prison labor of 6 months and fines of 5,000,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s misunderstanding of the facts as follows: Defendant B only performed the role of “cambling” in the instant gambling place and offered money to the participants in gambling, and there was no conspiracy to commit the crime of opening a gambling place.

Therefore, the judgment of the court below which found the defendant guilty of opening a gambling place is erroneous in the misapprehension of facts or in the misapprehension of legal principles.

2) The sentence of the lower court against the above accused of sentencing (the amounting to nine million won) is too unreasonable.

B. Each sentence of the lower court against Defendant C, E, and H (Defendant C: fine of KRW 3 million, Defendant E: fine of KRW 5 million, Defendant H: fine of KRW 4 million) is too unreasonable.

(c)

Article 246(1) of the Criminal Act provides only a statutory penalty for the crime of gambling among the facts charged against Defendant A (hereinafter “Defendant A”). The lower court, while recognizing the conviction of each of the above gambling crimes, has erred by misapprehending the legal doctrine that did not concurrently impose a fine.

B) Nos. 1 and 4 of the seized evidence was offered to the instant gambling-related criminal act, and No. 1 of the evidence was to be confiscated from Defendant A, and No. 4 of the evidence was to be confiscated from Defendant A, but the lower court omitted the confiscation thereof.

2) The lower court’s sentence against the above Defendants (Defendant A: imprisonment with prison labor for 6 months, 2 years of probation, observation of protection, community service order 100 hours, Defendant B: fine of 9 million won) is too uneased and unreasonable.

2. Judgment on Defendant A

A. The lower court dismissed the charge of assault and assault among the facts charged against the above Defendant, and sentenced him to the remainder of the facts charged. The prosecutor stated in the petition of appeal that the scope of appeal is “wholly” but only stated the misapprehension of the legal doctrine as to the guilty portion and the purport of unfair sentencing on the grounds of appeal, and submitted by the prosecutor.

참조조문

-형법 제246조 제1항

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