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대구지방법원 2016.06.08 2016노470

국민체육진흥법위반등

Text

Each part of the judgment of the court below against Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment of one year and four months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles (Defendant A) did not directly participate in the operation of the instant gambling site, but rather recruited and supplied it to AK, etc. by soliciting an account in the name of another person used in the said gambling site. Thus, even though he was punished as a joint principal offender, the lower court found Defendant A as a joint principal offender and convicted him of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal principles on the establishment of a joint principal offender and a principal offender, thereby adversely affecting the conclusion of the judgment.

B. Although Defendant C was aware of the fact that it was funds of the instant gambling site and participated in the collection thereof, and was able to facilitate the crime of this case, Defendant C was involved in the operation of the said gambling site by means of managing impulses, money exchange accounts and other criminal proceeds, the lower court found Defendant C as a joint principal offender and found Defendant C guilty of the charges of this case. In so doing, the lower court erred by misapprehending the legal doctrine as to the facts or accomplice, thereby adversely affecting the conclusion of the judgment.

(c)

Sentencing (Defendant A: Imprisonment with prison labor for a year and four months, confiscation, additional collection of KRW 1.4 million, Defendant B: 1 year, additional collection of KRW 5.6 million, Defendant C’s imprisonment for a year and two months, additional collection of KRW 1.2 months, Defendant E’s imprisonment for a year and two months, additional collection of KRW 1.4 million, Defendant G’s imprisonment for a year and five years, additional collection of KRW 5.5 million, Defendant H’s imprisonment for a year, additional collection of KRW 1.5 million, additional collection of KRW 1.5 million, additional collection of KRW 1.5 million, Defendant H’s imprisonment for a year, additional collection of KRW 10 months, additional collection of KRW 7.5 million, and KRW 5 million for Defendant T’s imprisonment for a year, additional collection of KRW 5,4 million).

2. Determination

A. The judgment ex officio (the part concerning Defendant B in the judgment of the court below) was examined ex officio prior to the judgment on the grounds for appeal by Defendant B, and the pleadings were joined in the trial by filing an appeal against Defendant B. Each of the offenses against Defendant B, which the judgment of the court below made on the grounds of appeal by Defendant B, is concurrent crimes under the former part of Article 37 of the Criminal Act.