도박장소개설등
All judgment of the court below shall be reversed.
Defendant
C Imprisonment with prison labor for a year and four months, and Defendant P shall be punished by imprisonment for eight months.
1. Summary of grounds for appeal;
A. The defendants' punishment [the defendant C (the first instance court: 1 year, the second instance court: the imprisonment of 8 months) and the defendant P (the first instance court: the imprisonment of 1 year)] are too unreasonable.
B. The second instance court’s punishment against the Defendant C of the Prosecutor is too unhued and unreasonable.
2. We examine ex officio the judgment on the grounds for appeal by Defendant C, prior to the judgment on the ex officio decision on the grounds for appeal by Defendant C.
Defendant
C With regard to the first and second judgments, each of the above defendants filed an appeal against them, and this Court decided to hold the two appeals together.
Of the judgment of the first instance, the part on Defendant C and each of the judgment of the second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the part on Defendant C and the judgment of the second instance cannot be maintained.
3. The instant crime of determining the allegation of unfair sentencing by Defendant P is that Defendant P conspireds withO, etc. on two occasions to establish a gambling house for the purpose of profit-making, and habitually gambling seven times between May 27, 2016 and June 27, 2016, and the relevant crime is not less complicated.
The total amount of gambling conducted in the gambling place is large, and accordingly, the profits acquired by Defendant P seems to be reasonable.
In addition, Defendant P was sentenced to a suspended sentence of imprisonment for the same crime.
However, Defendant P is against all of the instant crimes in the appellate court.
Defendant
P's previous convictions for the same kind of crime shall be about eight years, and thereafter there shall be no punishment for gambling-related crimes before the crime of this case is committed.
In addition, Defendant P does not have a good health condition.
In addition, Defendant P's age, environment, family relationship, motive for committing a crime, means and result of a crime, circumstances after committing a crime, etc.