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(영문) 청주지방법원 2019.03.14 2018노1530
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.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

The Defendant explicitly withdrawn the misapprehension of the legal principles regarding additional collection on the date of the first instance trial.

2. In light of the degree of the Defendant’s participation in the crime, etc., the crime of this case is highly harmful to society by promoting the spirit of gambling of the people and undermining the will to work. Moreover, the circumstances after the crime are not good, such as not only the nature of the crime, but also the attempt to avoid punishment while staying in China for a long time when an accomplice was arrested.

However, the defendant, who had no criminal record, surrenders himself to the investigation agency later and cooperates in the investigation, etc. in depth.

The profit gained by the defendant through the crime of this case is relatively small.

In addition, considering the following conditions, such as the defendant's age, character and conduct, family environment, motive, means, and result of the crime, it is necessary to allow the defendant to suspend the execution of his/her sentence more than is isolated from society by sentencing his/her sentence and to improve his/her character and conduct.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 47 subparagraph 2 of the National Sports Promotion Act, Articles 47 and 26 (1) of the same Act, Article 30 of the Criminal Act, Articles 247 and 30 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes shall be more severe.

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