국민체육진흥법위반(도박개장등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
407,283,740 won shall be additionally collected from the defendant.
1. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
2. The act of establishing and operating an illegal gambling site on the board is in need of strict punishment due to social harm, such as promoting a speculative spirit of the general public and undermining the will to work, and the crime of this case was committed in a systematic and organized server by sharing the roles of multiple persons. The defendant plays a key role in the crime of this case, the profit or the business size of the above crime was significant, and the defendant illegally acquired and used the access media under the name of another person to be used for the crime of this case. In light of the above, it is inevitable to sentence the defendant as to the punishment of the defendant.
However, in full view of the circumstances that may be considered, such as the fact that the defendant recognized all of the crimes, the first offender who has no criminal history, the fact that the defendant was the first offender who had no criminal history, the fact that the defendant was try to stop his business from entering around October 2016 to February 2017 and to lead a normal social life, and the fact that the defendant's social relation is clear, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and the circumstances before and after the crime, it is deemed unfair as the punishment imposed by the court below is somewhat inappropriate.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court as to the instant case is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 47 of the Act on the Promotion of National Sports concerning facts constituting an offense;