국민체육진흥법위반(도박개장등)등
All appeals by the Defendants and by the prosecutor against the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The lower court’s sentence against the Defendants on the grounds of the prosecutor’s appeal (two years of suspended execution in one year of imprisonment for each of the Defendants, one community service work, one hundred and twenty hours, and confiscation) is deemed unreasonable.
B. The lower court’s sentence against the Defendants on the grounds of appeal is too unreasonable.
2. We also examine the prosecutor’s judgment and the Defendants’ assertion.
The crime of this case caused a wide and large cancellation of the society by promoting a speculative spirit against many unspecified persons, and the fact that the scale of the business caused by the crime of this case has reached a large amount of KRW 00 million, etc. is disadvantageous to the Defendants.
However, in full view of the following facts: (a) the Defendants were aware of their mistake, and the Defendants’ actual profit derived from the instant crime is not so significant; (b) the Defendants did not have any history of criminal punishment exceeding a fine; and (c) the Defendants’ age, sexual conduct, environment, motive, means, and consequence of the instant crime; and (d) all of the sentencing conditions indicated in the records and theories on changes, such as the circumstances after the commission of the crime, etc., the lower court’s sentencing cannot be deemed to be too heavy or unreasonable because it exceeded the reasonable scope of discretion.
The prosecutor and the Defendants’ above arguments are without merit.
3. According to the conclusion, the prosecutor and the Defendants’ appeal are dismissed on the grounds that the appeal is not reasonable, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act.