도박개장
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is that the sentence of the court below against the defendants (one year of imprisonment; ten months of imprisonment for each of the defendants; eight months of imprisonment for each of the defendant; eight months of imprisonment for each of the defendant; and the defendant K: 2 years of probation; 40 hours of probation; 8 months of probation; 40 hours of probation; 2 years of probation; probation; 40 hours of probation; probation; 40 hours of probation; 5 million won of probation; 5 million won; 3 million won of each of the defendant AG; and 3 million won of fine) is too unreasonable.
2. Determination
A. Defendants A, M, K, N, and AG are deemed to have committed the instant gambling opening or aiding and abetting the instant crime, and Defendant A and N are deemed to have no record of punishment for the same kind of crime. Meanwhile, Defendant A’s act of opening the instant gambling opening is deemed to have led to the establishment of the instant gambling opening by having multiple accomplices share their roles systematically as the so-called “warehouse,” and recruiting gambling participants. In light of the nature of the instant gambling opening, including the Act on the Punishment of Crimes, the number of persons participating in gambling, or the number of money in gambling, etc., and the nature of the crime is heavy; Defendant M was sentenced to the suspension of the execution of imprisonment or a fine on several occasions due to the crime of gambling or gambling opening, but he was under the suspension of the execution of imprisonment with prison labor due to the crime of gambling opening, and Defendant K took part in the crime of gambling opening and aiding and abetting the instant gambling opening of the instant gambling opening of the instant case, even though he was sentenced to imprisonment with prison labor or imprisonment with prison labor.”