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The judgment of the court below is reversed.
As to the crime No. 1 in the judgment of the defendant, the fine of No. 2 in the judgment of the defendant is 10.
Reasons
1. Summary of grounds for appeal;
A. (1) Defendant (1) did not commit an act of causing another person to commit an act similar to the horse riding voting in collusion with the total amount of the name-free books that is the operator of the private horse site, thereby making another person to pay property or property gains, in collusion with Defendant (1).
(2) Since the crime listed in Article 2-A and Paragraph (b) of the judgment of the court below is related to each of the crimes listed in the judgment of the court below (as to paragraph (2) of the judgment of the court below), even though the crime listed in paragraph (1) of the judgment of the court below was committed before the final judgment on the crime of violation of the Punishment of Violences, etc. Act (the destruction of and damage to a collective weapon, etc., a deadly weapon, etc.), the whole crime listed in paragraph (2) of the judgment of the court below should be deemed a crime after the final judgment of the court below
(3) The sentence of the lower court’s allegation of unfair sentencing (6 months of imprisonment with prison labor for the crimes No. 1 and No. 2 in the original judgment and 8 months of imprisonment with prison labor for the crimes No. 2 in the original judgment) is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. A review of the Defendant’s assertion of mistake of facts, E, at an investigative agency, provided that “at the time of gambling by introducing a private horse site from the Defendant. At the time, the Defendant, while gambling in person at the time, recruited the buyers of the private horse tickets and let them to engage in a private horse and received a certain fee from the total book,” and in light of the relationship between E and the Defendant, there is no special circumstance that the above E makes a false statement in order to mislead the Defendant, and there is no special circumstance that the Defendant would make a false statement, and the content of text messages that the Defendant exchange the horse information, account number, and website ID and password with respect to the private horse, and the Defendant’s total book.