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(영문) 대구지방법원 2016.11.25 2016노3402
국민체육진흥법위반(도박등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the criminal facts of the summary order (Tgu District Court 2016Da1278) established on February 27, 2016 and the criminal facts of the instant case are different from the accounts charged by the Defendant for filling illegal sports gambling sites or gambling money, and thus, the identity or continuity of criminal intent is not recognized. Thus, the criminal facts of the instant case and the instant charges are not related to the blanket crimes.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the blanket single crime, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The lower court determined on February 18, 2016, on the premise that the Defendant was issued a summary order of KRW 3 million for the violation of the National Sports Promotion Act and the crime of gambling at the Daegu District Court on the following, based on the fact that the above summary order was established on February 27, 2016, the lower court duly adopted and investigated each of the following circumstances, i.e., ① the facts constituting the above summary order and the facts charged in the instant case are as follows: “The Defendant deposited money into the deposit account of the gambling site by accessing the Internet private sports games site and paying money to the gambling site; ② the Defendant’s place of gambling at the Internet sport site is identical to Daegu-gu, the Defendant’s dwelling period; ③ the period of the crime of this case’s summary order from 00 days to 201 days to 201 days to 201 days to 201 days to 30 days to 25 days to 201 days to 20.

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