국민체육진흥법위반
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of 20,000,000 won.
Defendant .
1. The summary of the grounds for appeal is unreasonable because each sentence (one year of imprisonment in case of Defendant A and eight months of imprisonment in case of Defendant B) declared by the court below against the Defendants is too unreasonable.
2. Determination
A. Although Defendant A partially recognized all the facts charged of this case, Defendant A, without the record of the same kind of crime, appears to have been living and making it difficult for Defendant A to live as the most support for his wife and children, Defendant A, as his father, appears to have led to his life and have been living difficult. Although Defendant A, as his father, must guide Defendant B, he rather encouraged to expand computer facilities, encourage her child to actively participate in the crime of this case, and her child actively participated in the crime of this case, it is not good that the nature of the crime is not good. Defendant A, etc. distributed to the instant gambling of this case, up to 3.5 billion won; Defendant A, etc.’s long-term period from January 1, 2013 to February 17, 2014; Defendant A, etc.’s long-term, which had been living before and after the instant crime of this case; Defendant A et al., who had been punished for more than 5 criminal punishment before and after the instant crime of this case; Defendant A’s motive and circumstances of sentencing, etc.
B. Although Defendant B’s total hosting amount of the instant gambling is large to KRW 3.5 billion and its period is over a long-term period of not less than one year, Defendant B, etc.’s profits derived from the instant gambling, Defendant B, etc. was de facto engaged in illegal sports gambling during the above period and appears to have been living, it is recognized that Defendant B recognized all of the instant offenses and reflected in depth, and Defendant B violated the mistake.