도박공간개설
The part of the judgment of the court below against the Defendants is reversed.
Defendant
A Imprisonment for one year, each of the defendants B and V.
1. The summary of the grounds for appeal is unfair because each sentence imposed by the court below on the Defendants (Defendant A: imprisonment of one year and six months, confiscation, Defendant B: imprisonment of one year, two years of probation, two years of community service order, 200 hours of confiscation, confiscation, Defendant V: imprisonment of one year, two years of probation, two years of probation, and 120 hours of community service order) are excessively unreasonable (Defendant B and V explicitly withdrawn the assertion of mistake of facts on the first trial date of the court of first instance). 2.
A. The crime of this case committed with common sentencing is highly detrimental to society by encouraging excessive gambling spirit and impeding sound work consciousness by facilitating the general public to have access to gambling.
As such, there is a need for strict punishment, the Defendants committed the instant crime in a professional and planned manner under a systematic role sharing, and the size of the business of the gambling site, such as the gambling site’s gambling amounting to approximately KRW 230 billion, is very large, and the Defendants’ criminal periods are not short, etc. are deemed to be disadvantageous to the Defendants.
However, in the meantime, the fact that the Defendants recognized the facts of crime in the past when they were in the judgment of the court, and against their mistake, the establishment and operation of the gambling site of this case did not directly participate, and the Defendants seems to have much less than the proceeds of crime as stated in the facts of the crime, etc., are recognized as a normal circumstance favorable to the Defendants.
B. In most of the criminal proceeds of Defendant A (12 million won) donated to social welfare organizations, etc., under favorable circumstances, the Defendant closely contacted with the total operating books of the instant gambling site, such as the management of the sales board or store, demand for payment of outstanding amount, and publicity of the gambling site, etc., in which the degree of participation in the crime is not less easily determined, and the Defendant was punished three times as the crime of opening the same gambling (2 times of punishment and one time of suspended execution).