(영문) 부산지방법원 2014.02.13 2013노3227 | 리걸엔진

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(영문) 부산지방법원 2014.02.13 2013노3227

국민체육진흥법위반등

Text

The judgment of the court below is reversed.

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

No. 1 to 25, 27 through 31, of seized evidence.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. In light of the following: (a) the instant crime was determined upon the Defendant’s operation of a similar sports soil site; (b) the Defendant gains a profit of more than 1.8 billion won for more than one year; (c) the head of a Tong to use the said site’s operation; and (d) the purchaser’s transfer of criminal proceeds to another account under the name of another; and (c) the Defendant pretended to acquire criminal proceeds, etc.; (b) the case is not easy in light of the planned nature of the crime; (c) the risk of social harm caused by the crime; (d) the period of the crime; (e) the period of the crime; and (e) the Defendant’s initiative; and (e) the Defendant was punished by a fine for

However, the net profit acquired by the defendant, excluding the money paid to the plaintiff, seems to be merely a surcharge imposed by the court below. The defendant's intent is to transfer the proceeds actively acquired from the crime to the State, such as requesting the preservation of the collection of the deposit for the lease of apartment and the preservation of the collection of the vehicle that his family lives voluntarily after the decision of the court of first instance. In addition, considering the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, environment, etc., the sentencing of the court below is somewhat unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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