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(영문) 수원지방법원 2017.11.08 2017노5777
국민체육진흥법위반(도박등)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the facts.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal.

According to the records, the Defendant was sentenced to one year of imprisonment with prison labor on May 4, 2016 at the Suwon Flag Flag, etc., and the judgment became final and conclusive on October 31, 2016. As such, the crime of injury, etc., for which judgment became final and conclusive, and the crime of this case, in relation to the concurrent crimes of the group after Article 37 of the Criminal Act, are determined after considering equity and the mitigation of punishment or exemption of punishment pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be reversed in this regard.

The defendant's assertion of misunderstanding the facts is still subject to the judgment of this court, and the court below's judgment that found the defendant guilty in full view of the evidence duly adopted and examined by the court below is just, and the above assertion by the defendant is without merit.

3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts constituting a crime and its evidence acknowledged by this court is as follows: “The Defendant” in the first head of the lower court’s criminal facts, and “The Defendant was sentenced to one year of imprisonment with prison labor on May 4, 2016 by means of injury, etc. at the Suwon Friwon, and the judgment became final and conclusive on October 31, 2016,” and “1. The Defendant added “the previous records: the screen of the instant search and each judgment” in the summary of the evidence, except for the addition of “the previous records: the instant search screen and each judgment” to the corresponding column of the lower judgment, thereby citing them as is in accordance with Article 369

Application of Statutes

1. Criminal facts;

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