logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.13 2016노3041 (1)
국민체육진흥법위반(도박개장등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Nos. 1 to 24 of seized evidence.

Reasons

1. The decision of the first instance on the gist of the grounds for appeal (the imprisonment of one year and six months, confiscation and collection KRW 125,52,496) is too unreasonable;

2. The crime of this case was committed on a systematic and planned basis by allowing an unspecified number of people to easily gambling through the Internet site. The Defendants and the so-called illegal sports discussions, including H, shared the role of the accomplices, such as the Defendant and so-called illegal sports discussions, committed the crime.

In addition, the Defendant played a leading role, such as fund management and withdrawal of profits, as a business owner of approximately one year's volume of illegal sports Saturdays, and the sum of the Does is about KRW 7.25 billion.5 billion.

However, in full view of the following: (a) the Defendant recognized all of the instant crimes, and returned KRW 50 million, which is a part of the proceeds derived from the instant crimes; (b) the equity with a similar perception; and (c) the Defendant’s age, sexual conduct, environment, circumstances after the commission of the instant crimes; and (d) all of the sentencing conditions as indicated in the records and theories, such as the circumstances after the commission of the instant crimes, the first deliberation sentence against the Defendant is too unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the first instance court is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided through pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts in the judgment of the court of first instance, and thus, the summary of facts and evidence is acceptable as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 47 subparagraph 2 of the relevant Act on the Promotion of National Sports of the Republic of Korea; Article 26 (1) of the same Act on the facts constituting an offense; Article 247 of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 51 (1) of the National Sports Promotion Act to be confiscated;

1. Article 51 (3) and (1) of the Promotion of National Sports for the purposes of additional collection;

arrow