국민체육진흥법위반등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the first instance court (one year and three months of imprisonment, additional collection of KRW 351,380,000) is too unreasonable.
B. The punishment sentenced by the court below of the second instance (one year and three months of imprisonment, seizure, additional collection of 159,324,000 won) is too unreasonable.
2. We examine the Defendants’ assertion on unfair sentencing as to each of the judgment below.
The fact that the Defendants recognized all of the crimes of this case and reflected the mistake is favorable to the Defendants.
On the other hand, such as the instant case, illegal activities of the publication of sports games are very harmful to society by allowing many and unspecified persons to engage in speculative games, thereby encouraging the gambling spirit of citizens and hindering sound labor practices, and all the Defendants have been punished for gambling-related crimes; the Defendants operated the site for a long time in a planned and organized manner; the profits therefrom are considerably high, and the profits therefrom are used for the next name account to be the most and concealing of the criminal proceeds.
In light of the above circumstances and the various circumstances, including the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by each court below is too unreasonable.
3. In conclusion, since all appeals by the Defendants are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, the application of the provisions of the laws and regulations of the first and second judgment is clear that the punishment imposed on a crime of violating the National Sports Promotion Act, the establishment of gambling spaces, and the punishment imposed on a crime of violating the heavier national sports promotion Act is omitted, and thus, it is ex officio in accordance with Article 25 of the Regulations on Criminal Procedure.