The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the crime of violation of the National Sports Promotion Act and the crime of opening gambling places committed by the Defendant without a certain qualification is similar to those provided by Article 26 of the former National Sports Promotion Act (amended by Act No. 11309, Feb. 17, 2012) by opening and operating a sports earth site, and at the same time opening gambling for the purpose of profit-making. Thus, the crime of violation of the National Sports Promotion Act and the crime of opening gambling places committed by the Defendant constitutes a single act, and thus, it is recognized that the crime of violation of the National Sports Promotion Act and the crime of opening gambling places committed by the Defendant constitutes several

Nevertheless, the lower court erred by omitting entry in the ordinary concurrence in the application of statutes, and such illegality affected the judgment, and thus, the lower court’s judgment was no longer maintained.

3. As seen earlier, the part of the judgment below against the defendant under Article 364(2) of the Criminal Procedure Act is reversed without examining the defendant's assertion of unfair sentencing, and the following decision is rendered after oral argument.

(However) However, although the court below did not sentence punishment to confiscate evidence Nos. 1 through 9, each of the above seized articles is subject to discretionary confiscation under Article 48(1) of the Criminal Act, and the new sentence of confiscation under Article 368 of the Criminal Procedure Act is contrary to the principle of prohibition of disadvantageous alteration and thus, it does not sentence the defendant separately. The summary of criminal facts and evidence acknowledged by the court is the same as that of the judgment below, and thus, it is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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