사행행위등규제및처벌특례법위반등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (for defendant A: 2 years of the suspended sentence of ten months of imprisonment; 120 hours of community service work; confiscation; 2 years of the suspended sentence of six months; 120 hours of community service work; 2 years of the suspended sentence of six months; 3 years of the suspended sentence of six months; 80 hours of community service work) imposed by the court below is too unfford and unreasonable.
2. The judgment of Defendant A has the criminal history of being sentenced to a fine four times, and Defendant B has the record of being sentenced to a fine not exceeding seven times, and Defendant C has the record of being sentenced to a fine not exceeding five times only for the same kind of crime. Defendant C has the record of being sentenced to a fine once a suspended sentence, Defendant C has the record of being sentenced to a fine not only once a fine, and among them has the record of being punished for the same kind of crime. As in the instant case, the act of operating illegal gambling games in the same manner as in the instant case has a serious social harm, such as encouraging a speculative spirit among the general public and impairing sound sense of work
However, Defendant A has no criminal history of being punished for the same crime, and there is no criminal history of punishment heavier than a fine, and all of the Defendants repent of their mistakes, taking into account the size of the game site of this case, the business period and profits, the degree of participation in the crime, and other conditions of all punishment specified in the pleadings of this case, such as the Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime of this case, the circumstances after the crime, etc., it is not recognized that each sentence of the lower court is too uneasible and unfair.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal against the defendants is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals against the defendants are without merit. It is so decided as per Disposition.