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(영문) 서울중앙지방법원 2018.08.17 2018노1509
국민체육진흥법위반(도박개장등)
Text

1. The part of the judgment below regarding confiscation shall be reversed.

No. 2 of the seized evidence (in the face value of KRW 10,000,000 and 5 of the check before the face value).

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (two years of suspended sentence and forfeiture in October) is too unfasible and unfair.

The sentencing guidelines for appeal [the scope of applicable sentences under the law] [the scope of applicable sentences] 7 years or less [the determination of types] 3 types of illegal sports gambling among the groups of illegal and game water crimes [the person subject to special sentencing] mitigation elements: Where the amount of simple participation factors is very large in the scope of punishment: [the scope of recommended punishment] basic area: From 8 to 2 years [the scope of general sentencing factors] mitigation element: there is no criminal punishment [the grounds for suspended sentence] major illegal reasons: (i) where the defendants who are judged to have no record of criminal punishment are against the confession of all crimes; (ii) there is no record of criminal punishment; (iii) simple participation in the crimes; (iv) voluntary submission of gambling earnings held by the prosecutor at the time of entry into the Republic of Korea; (v) records of and circumstances in which the court below's punishment against the defendants is recommended within the scope of sentence; and (v) there are no arguments that the court below's judgment of Seoul Central District Court's ruling of 20 years or less has become final and conclusive.

The judgment below

We examine ex officio the part of the judgment of the court below on the confiscation.

The lower court confiscated No. 2 of the evidence seized pursuant to Article 51(1) of the National Sports Promotion Act from Defendant A and Defendant B, respectively.

Relevant Acts - Any of the following persons shall be punished by imprisonment for not more than seven years or by a fine not exceeding 70 million won:

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