국민체육진흥법위반(도박개장등)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact-finding defendant's role in the whole crime of the operation of the gambling site of this case was merely a mere employee, and the defendant does not take overall control of the operation of the gambling site as stated in the facts charged of this case.
Although the Defendant led to the lower court’s confession of all the facts charged in the instant case, it did not constitute a statement according to the agreement that the Defendant would take charge of the so-called “bago president” when the Defendant is controlled by the instant crime between Nonindicted I and other accomplices, the actual president.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case on the premise that the defendant overall control over the operation of the above gambling site was erroneous, which affected the conclusion of the judgment.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and investigated in the trial court, the lower court’s determination of guilty of the facts charged of this case is just and acceptable, and there is no error of mistake of facts as alleged by the Defendant.
In other words, the Defendant consistently led to the confession of the instant crime from the beginning of the investigation to the court of the court below, and recognized that he overall control over the operation of the instant website.
On the other hand, the above I, which was designated as the actual owner of the business, stated to the effect that the role of the defendant was in the role of the employee rather than the actual president, and the defendant B testified to the same effect in the trial.
However, if the arrest and investigation of the persons involved in the case is carried out in the crime of operating the systematic gambling site as in this case, it is arrested first.