사행행위등규제및처벌특례법위반등
The part of the judgment of the court below against Defendant A and C shall be reversed.
Defendant
A, in one and half years of imprisonment, Defendant C.
1. Summary of grounds for appeal;
A. The Defendants’ punishment (Defendant A: imprisonment with prison labor for one year in the first instance court, imprisonment with prison labor for eight months in the second instance court, Defendant C: fine of ten million won in the first instance court, fine of five million won in the second instance court, and fine of five million won in the second instance court, Defendant M: 5 million won in the second instance court) is too unreasonable.
B. The Prosecutor’s sentence (Defendant A: one year of imprisonment with prison labor in the first instance court; five million won of fine in the second instance court; five million won of fine in the second instance court; five million won of fine in the second instance court); and five million won of fine in the second instance court) is too unhued and unreasonable.
2. Determination
A. Prior to the judgment on the assertion of unfair sentencing against the above Defendants A and C by the above Defendants and the prosecutor, this court tried ex officio prior to the judgment on the assertion of unfair sentencing against the above Defendants, and this court tried by combining the appeals cases against each of the above Defendants, and each of the offenses at the time of original trial is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to one punishment within the scope of one of the concurrent crimes under Article 38(1) of the Criminal Act. Thus, each judgment of the court below was
B. The Defendant’s judgment on the part of Defendant M is favorable to the Defendant, such as the fact that all of the instant crimes are recognized and reflected, and the Defendant’s participation in the operation of the illegal game room is relatively minor.
On the other hand, the act of running an illegal game room is an unfavorable circumstance to the defendant because it has great social harm, such as encouraging excessive gambling spirit to the general public and undermining sound labor awareness, and there is a need to strictly punish it, and the fact that the defendant has a record of being punished as a same crime.
In addition, in light of the fact that there is no reason to change the sentence of the court below in the court below in the above circumstances, and the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., the court below's punishment is deemed reasonable, and it is unfair because it is too heavy or unreasonable.