Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

except that this shall not apply.

The sentencing of the lower court (Defendant 1: Imprisonment with prison labor for 10 months and confiscation, Defendant 2: Imprisonment for 8 months and confiscation) is too unreasonable.

Judgment

Defendant

A was sentenced to a fine once for the same crime, and Defendant B committed the crime in this case even though he was sentenced to a one-time suspension of indictment for the same crime; Defendant B committed the crime in the same crime; Defendant B committed the crime in the following cases; Defendant B committed the crime; Defendant A committed the crime in the following circumstances: (a) serious social harm, such as causing family dissipation and dissipation of income by omitting the general public into the game and the suspicion of non-income; (b) the necessity of punishment is high; (c) the Defendants are against the Defendant’s disadvantage; (d) the Defendants committed the crime in this case; (c) the game was operated in such a manner that the size of the game operated by the Defendants or the profits gained by the Defendants seems to be relatively large; (d) the degree of gambling is not more severe than other games; and (e) the motive and background of the crime in this case, circumstances after the crime, Defendant’s age, personality and conduct, etc., and various conditions in the records and arguments in this case are considered to be unfair.

As the defendants' appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence admitted by this court are as follows, except where the phrase “paragraph (1)” in the first sentence of paragraph (3) is deemed to be “paragraph (2)”, and all of the judgment below are as stated in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369

Application of Statutes

1. Criminal facts;