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(영문) 대전지방법원 2018.06.14 2018노66
사행행위등규제및처벌특례법위반등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance against Defendant A shall be reversed, respectively.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair Sentencing) type of the lower court (Articles 1 and 2: Imprisonment with prison labor for 1 year and 8 months) shall be too unreasonable [the appellate court shall judge without the need to refer to whether the grounds for appeal have been submitted if the appeal regarding the grounds for ex officio investigation are lawful, or whether the grounds for appeal are included in the statement of reasons for appeal. However, regarding matters not ex officio investigation, they may be subject to adjudication only if they are stated in the petition of appeal or are included in the statement of reasons for appeal submitted within the prescribed period, and even if they are not included in the grounds for appeal exceptionally affecting the judgment, it may be tried ex officio (see, e.g., Supreme Court Decision 2006Do848, May 31, 2007). The Defendant did not appear to have any error that “the sea,” which is located in the Seo-gu game warehouse of Seo-gu, Daejeon, and his defense counsel did not have any legitimate reasons for finding that the aforementioned facts did not affect the judgment.”

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