도박개장등
The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.
except that this shall not apply.
1. The summary of the grounds for appeal is unreasonable because each sentence imposed by the court below on the Defendants (the defendant A: imprisonment of one and half years, the community service order and additional collection of 30 million won for 120 hours, the probation of execution of one year and six months, the community service order and additional collection of 30 million won for 3 years and 80 hours, and the community service order and additional collection of 29.5 million won for 1 year and six months) are too unreasonable.
2. Determination
A. The crime of this case committed by Defendant A is highly likely to cause harm to the general public by inducing an unspecified number of people to gambling, and undermining their awareness of sound labor, and furthermore, Internet gambling is likely to be easily accessible to the general public and have a high radio wave. Therefore, there is a need to strictly punish Defendant A’s employees of H Co., Ltd. (hereinafter “H”), and the degree of participation in the crime of this case appears to be relatively more severe due to the sale of conphones, the certification of conphones, and the exchange guidance. While Defendant A was sentenced one time to a fine for the same kind of crime of this case. However, Defendant A did not have any history of being sentenced to a fine heavier than a fine, Defendant A does not voluntarily appear at the prosecutor, and Defendant A does not voluntarily surrenders to the prosecution, and Defendant A’s age and circumstances before and after the crime of this case are taken into account, and Defendant A’s motive and circumstances leading up to the crime of unfair sentencing, and Defendant A’s motive and grounds for the punishment of this case are considered.
B. Each of the instant crimes committed by Defendant B was committed against the general public by inducing many and unspecified persons to gambling.