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(영문) 부산지방법원 2019.03.21 2018노4280
국민체육진흥법위반(도박개장등)등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance are reversed.

Defendant shall be punished by imprisonment with prison labor for not less than ten months.

Reasons

1. The sentence imposed by the court below (No. 1: Imprisonment with prison labor for 10 months, and imprisonment with prison labor for 2 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below that sentenced the defendant as the case of each case of the judgment below that the defendant appealed was joined in the trial of the court of the court below, and thus, the criminal facts in the judgment of the court below against the defendant are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and one punishment should be sentenced at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below

3. According to the conclusion of the judgment below, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court of first instance regarding the defendant and the judgment of the court of second instance are all reversed, and the

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 47 subparag. 2 and Article 26(1) of the National Sports Promotion Act for the crime concerned; Article 30 of the Criminal Act; Articles 247 and 30 of the Criminal Act; Articles 49(4)2 and 6(3)3 of the Criminal Act; Article 30 of the Criminal Act for each Electronic Financial Transaction Act; Article 49(4)2 and Article 6(3)3 of the Criminal Act; Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transaction Act (a) of the Electronic Financial Transaction Act (a means of delivery and distribution of access media);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, promotes a speculative spirit in the past.

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