logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.04.27 2016노1704
국민체육진흥법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence 1 to 3, 5 to 5.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the prosecutor applied for changes in the indictment with the following facts charged against the Defendant at the time of the trial. Since the subject of the judgment was changed by this court's permission, the judgment of the court below is no longer maintained.

3. Therefore, the judgment of the court below is reversed without examining the defendants and the prosecutor's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.

Criminal facts

The summary of the facts constituting a crime and the evidence admitted by this court is as stated in each corresponding column of the judgment of the court below, except that “The defendant conspireds with a person in secret name in collusion with him and from January 201 to June 2016,” which read “the defendant from June 2013 to June 2016,” and thereby, the summary of the facts constituting a crime and the evidence is identical to the stated in each corresponding column of the judgment of the court below.”

Application of Statutes

1. Article 47 subparagraph 2 of the relevant Act concerning the facts constituting an offense, Article 47 subparagraph 2 of the National Sports Promotion Act and Article 26 (1) of the same Act, Article 30 of the Criminal Act, and selection of imprisonment with prison labor;

1. The period of the Defendant’s participation in the sentencing of Article 51(1) of the Confiscation National Sports Promotion Act is not shorter than the period of the Defendant’s participation, and it seems that there was a large amount of money deposited in the account connected with the above physical card, and that the seized Defendant’s mobile phone includes the collection details related to the money exchange, and that there was no profit received by the Defendant, such as purchase of a vehicle in cash, etc. during the criminal period.

arrow