국민체육진흥법위반(도박개장등)등
The defendant's appeal is dismissed.
1. It is unfair that the first deliberation penalty (10 months of imprisonment) of the summary of the grounds for appeal (unfair sentencing) is too unreasonable.
2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflects the mistake thereof in depth, that there is no past record of criminal punishment or criminal punishment heavier than the fine, etc. for the same crime.
On the other hand, the crime of this case is a case in which the defendant led and opened a gambling space, and the nature of the crime is not good. The crime related to gambling is necessary to punish the offender in light of the fact that social harm, such as promoting the gambling spirit of the people and impairing sound labor awareness, etc., and the period of opening gambling space is not less than nine months, and the amount of the printing amount is a large amount, etc., which is disadvantageous to the defendant.
In full view of the aforementioned circumstances and other circumstances, the first deliberation punishment is too excessive and is not deemed unfair, taking into account various sentencing conditions shown in the instant records and arguments, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment. Therefore, the Defendant’s allegation is without merit.
3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.