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(영문) 수원지방법원 2018.05.14 2017노9504
국민체육진흥법위반(도박개장등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Nos. 1, 2, 5, and 6 of seized evidence from the accused.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized the defendant as a joint principal offender or functional control over the violation of the Act on the Regulation and Punishment, etc. of the Establishment of Gambling Space and Concealment of Criminal Proceeds, which falls under the crime No. 1 of the judgment of the court below, is erroneous in the misapprehension of facts and the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (the imprisonment of eight months, confiscation, and collection) is too unreasonable.

2. Prior to the judgment on the grounds of ex officio appeal by the defendant, as to the facts charged in violation of the National Sports Promotion Act (such as opening of gambling) by the prosecutor, the "helping and abetting the opening of gambling spaces" in the name of the crime as to the facts charged in violation of the National Sports Promotion Act (such as opening of gambling), and the "helping and abetting the opening of gambling spaces" in the name of the crime as to the facts charged in violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds Concealment, the "helping and abetting the opening of gambling spaces" was added alternatively to the name of the crime, and in relation to the facts charged in violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds," Article 32 of the "Act on the Regulation and Punishment, etc. of Criminal Proceeds Concealment" in the name of the crime, the defendant in collusion with the name, under Article 30 of the "Act on the Regulation and Punishment, etc. of Applicable Profits," and the defendant in the facts charged, in collusion with the Seoul Olympic Sports Promotion Foundation to provide property or similar result.

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