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(영문) 광주지방법원 2019.10.01 2019노1761
국민체육진흥법위반(도박개장등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months; 60,553,000 won for additional collection) is too unreasonable.

2. An ex officio determination prosecutor filed an application for changes in indictment with regard to changes in the contents of “criminal facts” under the following facts: (a) violation of the National Sports Promotion Act (such as gambling opening, etc.); (b) establishment of gambling spaces; and (c) violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment; and (d) this court permitted such changes and changed the subject of the judgment, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts constituting the crime acknowledged by the court below and the summary of the evidence are as follows, with regard to the fact that "1. Violation of the National Sports Promotion Act (Gambling, etc.) and the establishment of gambling spaces" and "Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment, etc." among the facts constituting the crime of the court below, and in addition to changing "1.12" from the summary of the evidence to "1.1." "the defendant's court statement" in the part of "2019Da1112" into "the defendant's court's and the trial court's court's court's court statement", it is identical to each corresponding column of the court below's judgment. Thus

1. No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall issue sports promotion betting tickets or similar things and provide property or property benefits to persons who win at the betting results, and no person shall open a space for gambling for the purpose of profit-making;

Nevertheless, it is not appropriate.

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