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The part of the judgment of the court of first instance against the Defendants and the judgment of the court of second instance are reversed.
Defendant
A. Imprisonment.
Reasons
1. The progress of judgment and the scope of judgment of this court (as to the judgment of the court of first instance)
A. 1) Of the facts charged against the Defendants, the first instance court convicted the Defendants of the violation of the National Sports Promotion Act (such as opening, etc. of gambling), the establishment of gambling space, the violation of the National Sports Promotion Act (such as opening, etc. of gambling), the establishment of gambling space, the violation of the National Sports Promotion Act (such as gambling), the violation of the National Sports Promotion Act (such as gambling, etc.), habitual gambling, and the violation of the Use and Protection of Credit Information Act (such as gambling, etc.), and found the Defendants not guilty of the violation of the National Sports Promotion Act (such as opening, etc. of gambling, etc.) as to the part stated in the No. 1 through No. 297 of the daily list of the crimes committed by Defendant C, but did not separately declare the Defendants in the disposition.
2) As to this, Defendant A and C filed each appeal on the grounds of mistake of facts, misunderstanding of legal principles, and misunderstanding of sentencing with respect to the guilty portion among the judgment of the court of first instance on the grounds that it was unfair for the prosecutor to mislead the guilty part of the judgment of the court of first instance as to the whole of the guilty portion
With respect to the establishment of gambling space for the Defendants during the trial period before remanding, and the violation of the National Sports Promotion Act (Opening, etc. of gambling), as seen below, the judgment of the court of first instance is reversed as to the following changes in the facts charged. The court below dismissed the prosecutor’s appeal against the non-guilty portion (the non-guilty portion of the non-guilty portion of Defendant C’s crime No. 1 through No. 297, among the parts found guilty of the judgment of the court of first instance, as to the establishment of gambling space for the Defendant C’s crime No. 1 through No. 297, and the violation of the National Sports Promotion Act (Gambling, etc.) from November 2009 to February 16, 2012. However, the court below acquitted the non-guilty portion as to the non-guilty portion (the opening of gambling facilities, etc.).
3) against this.