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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
Reasons
1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. The facts that the crime of this case harms the fairness of sports games and damages the spirit of sports, and the quality of the crime is not very good, are reflected in the defendant's unfavorable circumstances, or when the defendant committed a crime more than seven months, the defendant recognized the defendant's living in custody, and paid most of the friendly prize received as the crime of this case to B and C, and there was no substantial economic benefit. The defendant was expelled from the cryp Association due to the crime of this case, and he paid not only his occupation, career, and honor by being expelled from the cryp Association, but also paid the compensation for the loss of his occupation, career, and honor. The defendant was under a state of receiving civil damages claim from the K Association. The defendant was committed in a state of difficult growth without any specific punishment except for one fine, and the defendant was living faithfully in the environment of difficult growth without any specific punishment. In full view of all the circumstances, the court below's punishment is somewhat unreasonable, and the defendant's age, character, environment, family relationship, and circumstances after the crime of this case is justified.
3. In conclusion, the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as shown in the summary column of the facts charged in the judgment below and the summary of the evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 50 and 48 (Unlawful solicitation) of the former National Sports Promotion Act (amended by Act No. 11309, Feb. 17, 2012; hereinafter the same) regarding criminal facts, and the Criminal Act.