사행행위등규제및처벌특례법위반등
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal is too unafford by each sentence of the lower court against the Defendants (for the purpose of this appeal, 8 months of imprisonment, 2 years of suspended execution, 2 years of suspended execution, 2 years of suspended execution, 3 million won of fine, 2 million won of fine).
2. The business size is significant in light of the number of the judgment games, and the defendant B and D had two identical criminal records, each of which was committed by the defendant B and D, and the method of committing the crime also driving a vehicle or exchanging it to the customers, which is similar to the method of each of the crimes of this case, is disadvantageous to the defendants.
On the other hand, the defendants recognized each of the crimes of this case and against the mistake, the period of business is limited to the two-years, and the profits actually acquired are not excessive, the degree of participation of the defendants C and D is not excessive, the above defendants were detained for about two months due to each of the crimes of this case, and there was no criminal conviction exceeding the fine against the defendants B, and the facts that the defendant C was the first offender are favorable to the defendants.
In addition, comprehensively taking account of the Defendants’ age, character and conduct, environment, and the circumstances and result of each of the instant offenses, all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, it is not recognized that the lower court’s punishment is too uneasible and unfair. Therefore, the Prosecutor
3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.