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(영문) 서울중앙지방법원 2020.01.16 2019노3349
국민체육진흥법위반(도박개장등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The facts constituting the crime of misapprehension of the legal principles are as follows: (a) violation of the National Sports Promotion Act stated in the facts constituting the crime of paragraph (1) (hereinafter “the crime of this case”) and the establishment of gambling spaces; (b) violation of the National Sports Promotion Act stated in Paragraph (2) (hereinafter “the crime of this case”) and the establishment of gambling spaces are committed for a certain period of time under the criminal intent of a single and continuous criminal for profit-making purposes; and (c) the legal interests protected by the law are the same; (d) each of the crimes of violation of the National Sports Promotion Act and the establishment of gambling spaces stated in the facts constituting the crime of this case’s 1 and 2 are one of the crimes of violation of the National Sports Promotion Act and the establishment of gambling spaces

Nevertheless, the court below held that the violation of the National Sports Promotion Act in the first and second criminal facts of this case and the violation of the second criminal facts of this case constitute concurrent crimes under the former part of Article 37 of the Criminal Act, and that the establishment of gambling space and the establishment of gambling space stated in the second criminal facts of this case constitutes concurrent crimes under the former part of Article 37 of the Criminal Act. On the premise that each of the crimes stated in the first criminal facts of this case and each of the crimes stated in the second criminal facts of this case constitutes concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the court below erred by misapprehending the legal principles as to comprehensive crimes, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. Where several acts falling under the name of the same crime or a series of acts falling under the name of the same crime are continuously conducted for a certain period under the criminal intent of a single and continuous criminal intent and the legal interests of such acts are the same, each of these acts shall be considered as a whole.

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