국민체육진흥법위반(도박개장등)등
All appeals by the Defendants are dismissed.
The punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.
Judgment
The Defendants seem to have the attitude to recognize and reflect the instant crime.
The period of crime does not extend to about five months, and the amount of the paid-in paints is not less than KRW 1555 million, and the profits from the crime are not more than KRW 24,205,00.
Before the commencement of the investigation, there was a normal social life by closing the crime.
There is no record of the same crime.
However, the crime of opening and operating an illegal gambling site, such as the crime of this case, requires strict punishment against social harm.
The crime of this case was committed in an organized and planned manner, and the Defendants operated an illegal gambling site to play a pivotal role in the crime.
In addition, considering all of the sentencing conditions, such as the age, character and conduct, environment, family relationship, and circumstances after the crime, it cannot be deemed that each sentence sentenced by the court below is too inappropriate.
The Defendants’ assertion is without merit.
The judgment below
Pursuant to Article 25(1) of the Regulations on the Criminal Procedure, ex officio the judgment of the court below shall be corrected as “receiving money, etc.,” and the 14th and 16th class “manufacturing, etc.,” respectively, to “betting,” pursuant to Article 25(1) of the Correction of Criminal Procedure Regulations.
In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.