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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,500,000 won.
Reasons
1. Summary of grounds for appeal;
A. Although the evidence No. 13 (No. 309 copies of the Bank of Korea note 309 per day, hereinafter “instant seizure money”) seized by mistake of facts (part of confiscation) is not an article provided or intended to be provided to the criminal act of gambling in this case, the court below erred by misunderstanding the fact and misunderstanding that it was confiscated.
B. The sentencing of the lower court (the suspended sentence of 2 years in October and the fine of 5 million won in total, confiscation and collection of 200,000 won in total) is too unreasonable.
2. Determination on the grounds for appeal
A. The following circumstances acknowledged by the court below's assertion of mistake of facts and evidence duly adopted and examined by the court below and the trial court: (i) it is highly probable that the defendant prepared for gambling funds in consideration of the whole amount of the seizure funds of this case; (ii) there was a lot of money 1 million won at the time; and (iii) there were several accomplices, other than the defendant, who made gambling together with the defendant, prepared for gambling funds in an amount similar to or more than the seizure funds of this case; and (iv) the police police stated that "the amount brought to gambling personally is more than 2 million won" (Evidence evidence record 72-73); and (iv) the defendant's own prosecutor's office provided the seizure funds of this case as gambling funds; and (iv) the defendant did not agree with the pertinent criminal facts of this case, stating that the amount of the seizure funds of this case may be used as gambling funds; and (v) the defendant provided money to the prosecutor's office, or did not dispute the pertinent criminal facts of this case."
Therefore, this part of the defendant's assertion is rejected.
B. The number of times of medication is two in regard to the Defendant’s primary crime and reflects the wrongness of the Defendant, and the part on the administration of phiphones.