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(영문) 의정부지방법원 2018.05.02 2018고단916
국민체육진흥법위반(도박개장등)등
Text

Defendant

A Imprisonment with prison labor of one year and six months, Defendant B shall be punished by imprisonment with prison labor of two years and six months, and Defendant C and D shall be punished by imprisonment with prison labor of eight months.

Reasons

(a) Article 3(1)1 of the Act, Article 30 of the Criminal Act (the most obtaining of criminal proceeds, etc.);

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act (only between a violation of the National Sports Promotion Act and a violation of the opening of gambling space);

1. The Defendants’ choice of punishment: Imprisonment with prison labor

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendants C and D with probation: Article 62 (1) of the Criminal Act;

1. Defendant C and D of a community service order: Article 62-2 of the Criminal Act;

1. A defendant B: Article 51 (1) 1 of the National Sports Promotion Act;

1. Defendant A, B, and C: Reasons for sentencing under Article 51(1)1 and 3 of the National Sports Promotion Act (the scope of the recommended punishment according to the sentencing guidelines of the Supreme Court)

1. Defendant A’s crime No. 1 (Crimes No. 2-A. 2: Illegal sports gambling, etc.) No. 3 (U. 2-A.) basic area (crime No. 1 in the holding), No. 2 (crime No. 1 in the holding), which is the basic area (8-2 years), : Type 3 (U. 8-2 years) basic area (a similar sports competition) of sports gambling, etc.) * Final sentencing scope due to the increase of multiple crimes * August-3 years to 3 years * The final sentencing scope according to the standards for handling multiple crimes : Imprisonment of labor for at least eight months (a violation of the Act on Regulation and Punishment, etc. of Criminal Proceeds Concealment)

2. The aggravated area (one and half years from June to four years) No. 3 (in the event that a multiple number of persons commit an organized crime by sharing the roles of the group) of illegal sports gambling, etc. (one year and one year and one year and six years), which is subject to the lead of, or play a key role in, the commission of the commission of the crime) * The final sentencing scope in accordance with the standards for handling multiple crimes: Imprisonment for at least one year (a violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds, a violation of the Electronic Financial Transactions Act, a violation of the Telecommunications Business Act, and a violation of the Telecommunications Business Act)

3. Defendants C, D's gambling and game product gambling group: Three types of illegal sports gambling, etc. (other similar sports discussions) (the simple participation, April to 1) mitigation area (the simple participation, April to 1)* The final sentence scope according to the standards for processing multiple crimes: Imprisonment with prison labor for April.

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