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The judgment below
This part of the case is reversed, and this part is applied to the Ulsan District Court Panel Division.
Reasons
1. According to the records on the grounds of appeal, the defendant appealed against the judgment of the court of first instance, and asserted misunderstanding of facts and misapprehension of legal principles as the grounds of appeal along with unfair sentencing, but withdrawn the grounds of appeal as to misunderstanding of facts and misapprehension of legal principles on the second trial
In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below is not a legitimate ground for appeal.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the
2. According to the reasoning of the judgment of the court below as to the gambling tide, the court below found the Defendant guilty on October 29, 201 by applying Article 246(1) of the current Criminal Act and Article 32 of the Criminal Act, among the facts charged in the instant case, that the Defendant lent KRW 500,000 to BZ as money for gambling and aiding and abetting the gambling activity of BZ by facilitating it.
Even if there is a change in the law after the crime, the law of conduct should be applied in accordance with Article 1(1) of the Criminal Act, and the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013; hereinafter “former Criminal Act”) which was enforced at the time of committing the crime of gambling.
Inasmuch as “a fine not exceeding KRW 10 million,” which is the statutory penalty under Article 246(1) of the current Criminal Act, is added to “a fine not exceeding KRW 5 million,” the statutory penalty under Article 246(1) of the current Criminal Act, this constitutes a case where a fine is heavily changed after a crime. Ultimately, Article 246(1) of the former Criminal Act, which is a corporation at the time of an act, shall be applied to the crime
Therefore, the court below's above crime of aiding and abetting gambling is the former Criminal Code.