도박개장
1. The part of the judgment of the court below regarding Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
except that this judgment.
1. The summary of the grounds for appeal (the imprisonment of one year for Defendant A, the imprisonment of eight months for Defendant B, and the community service order of two years and eight hours for the suspension of execution in six months for Defendant C) of the lower court is too unreasonable.
2. Determination
A. There are favorable circumstances, such as the fact that the above defendant A’s mistake reflects on the wrong.
However, considering the fact that the above defendant has been punished several times for the same crime, and that he operated the gambling house again without being imprudented during the period of repeated crime of the same kind, and that his role was overall control over the gambling place as a "general responsibility", the nature of the crime is not good. In addition, considering the above defendant's age, character and behavior, environment, motive and background of the crime, means of the crime, circumstances after the crime, etc., the punishment for one year sentenced by the court below is appropriate.
B. Defendant B, even though he had been subject to punishment several times for the same crime, has committed a crime of gambling opening, and again committed a crime of gambling opening in the gambling place, and has the role of “abscaming” by gathering and dividing the money in the gambling place, and the role of the said Defendant’s participation in the crime is not easy, etc. is unfavorable.
However, the above defendant has sufficient opportunity to reflect while living in prison for seven months; each of the crimes of this case requires equity in cases where he was tried at the same time with the crime of gambling opening which became final and conclusive on July 19, 2014; and in full view of various sentencing factors such as the above defendant's age, character and behavior, environment, motive and background of the crime, means of the crime, circumstances after the crime, etc., the sentence of the court below that sentenced the above defendant is too unreasonable.
C. The above defendant C, the above defendant's mistake, and the degree of participation is somewhat minor compared to other defendants, etc., but the defendant again commits the same kind of crime although he had been punished for gambling-related crimes, and the court below was imposed on the other hand.