국민체육진흥법위반(도박개장등)등
Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
1. The gist of the grounds for appeal by the Defendant A is that: (a) with respect to the first instance-oriented sentence (for Defendant A: 8 months of imprisonment; and (b) Defendant B, with one year of suspended sentence in six months of imprisonment, the gist of the grounds for appeal by the Defendant A is too unreasonable; and (c) the gist of the grounds for appeal by the Prosecutor against the Defendants of the appeal by the Prosecutor is too uncompared and unfair.
2. We also examine the reasons for appeal against the Defendants A and the Prosecutor.
In the instant case where there is no change in the sentencing conditions that may be specifically considered in the appellate trial, in full view of the various circumstances, including the Defendants’ age, sexual conduct, environment, health condition, family relationship, motive, means and consequence of the crime, etc., the first instance judgment is difficult to be deemed to have exceeded the scope of discretion and be too heavy or unreasonable.
Therefore, Defendant A and the Prosecutor’s argument against the Defendants are without merit.
3. In conclusion, the appeal by the defendant A and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure, "the act of lending an access medium" in the last 3 pages of the judgment of the court of first instance according to Article 25 (1) of the Rules on Criminal Procedure and Article 48 (1) 2 and Article 48 (2) of the Criminal Procedure Act are deemed to be "Article 51 (3) and (1) of the National Sports Promotion Act," respectively.