상습도박방조등
Of the judgment of the first instance, the part against Defendant F and G shall be reversed.
Defendant
F shall be fined 3,000,000, Defendant G.
1. The summary of the grounds for appeal against the Defendants (e.g., imprisonment of August and fine of KRW 50 million), the probation of the above imprisonment of KRW 2 years, the community service order of KRW 120 hours, Defendant F: fine of KRW 5 million; and Defendant G’s fine of KRW 5 million is too unreasonable.
2. The first instance court applied Article 246(1) of the current Criminal Act to Defendant F and G ex officio prior to the judgment on the grounds for appeal ex officio as to Defendant F and G. The former Criminal Act partially amended by Act No. 11731 on April 5, 2013, including Article 246(1). Article 1 of the Addenda of the amended Criminal Act provides that “this Act shall enter into force on the date of its promulgation.” Each of the crimes committed by the above Defendants was committed on May 11, 2009, and on October 10, 2011, since each of the crimes committed by the above Defendants was committed on the first instance court, the first instance court applied the new Act even if the former Act was applied to Defendant F and G, which was a corporation at the time of the act, so long as the punishment was not significantly changed, the first instance court applied the new Act to the above Defendants, and in this respect, the first instance judgment was no longer maintained against the above Defendants.
3. Determination on the grounds of appeal by Defendant A on the following facts: (a) the fact that the above defendant made a confession of the crime and the fact that the above defendant did not receive any refund of gambling chips seems to be considerable amount; (b) on the other hand, the above defendant had been punished several times including imprisonment with prison labor; (c) there was no prior conviction for the crime of gambling opening and other similar crimes; (d) the fact that the above defendant left the crime of this case without being aware of the criminal records; (e) the crime of gambling and gambling committed the crime of habitual gambling and gambling, the value of the gambling chips provided exceeds KRW 1.7 billion; and (e) the fact that the above defendant recommended the gambling of gambling abroad in a systematic and professional manner and withdrawn monetary benefits are disadvantageous to the above defendant.