사행행위등규제및처벌특례법위반
Defendant
F The appeal against F and the Prosecutor’s Defendant C and D are all dismissed.
Summary of Grounds for Appeal
Defendant
F The sentence of imprisonment (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) of the lower court is too unreasonable.
The respective sentence of the court below against the prosecutor defendant C and D (eight months of imprisonment and two years of suspended execution, probation, and community service order 200 hours) is too uneased and unfair.
Judgment
Defendant
F Reviewing all of the sentencing conditions, including the Defendant’s age, character and conduct, environment, circumstances after the crime, and risk of recidivism, in light of the following: (a) the Defendant led to the confession and reflect of the crime in this case; (b) the Defendant aiding and abetting the crime in the operation of the instant speculative game site; and (c) the Defendant has no record of punishment for the same kind of crime; (d) the Defendant is recognized as having received the instant illegal speculative game program; and (e) the Defendant received the program of this case; and (e) was in charge of hosting the program or coordinating the probability of the game; and (e) the nature of the crime in light of the relevant criminal law or the importance of the role; and (e) the Defendant’s age, character and conduct, circumstances after the crime
In light of the fact that both the Defendants were sentenced to the suspension of the execution of imprisonment for the same kind of crime, the nature of the crime in this case, and the size of the game room, etc., the prosecutor (defendant C and D) is deemed to be less and less, but on the other hand, the Defendants confession and reflect all the crimes in this case, the period of the crime in this case is only three days, the Defendants are deemed not to have been in the position of directly receiving the proceeds of the crime in this case, and all other sentencing conditions, such as their respective ages, character and behavior, environment, and circumstances after the crime, etc., the prosecutor’s assertion is without merit.
In conclusion, the appeal by Defendant F and the prosecutor against Defendant C and D are without merit.