국민체육진흥법위반(도박개장등)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that this judgment.
1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.
2. The establishment and operation of an illegal gambling site, such as the instant crime, is to promote an excessive gambling spirit of citizens and to undermine the awareness of sound labor, and thus, it is highly harmful to society, and thus requires strict punishment as it is not eradicated despite continuous control. The Defendant took part in the organization of the instant gambling crime, the period of the Defendant’s crime is short, and the amount of money deposited is very large.
However, it is more favorable to the Defendant’s confession of the instant crime, and the Defendant voluntarily paid the full amount of the surcharge according to the lower judgment, such as the following: (a) the Defendant’s confession of the instant crime; (b) the Defendant voluntarily surrendered; and (c) the Defendant was merely taking charge of money exchange in the instant gambling crime organization; and (d) the degree of participation is not much weighted;
Considering the above circumstances and the circumstances after the crime, including equity in punishment among the accomplices, the age, sex, environment, motive and background leading to the crime of this case, the means and consequence of the crime of this case, and all the sentencing conditions in the theory of changes, the sentence sentenced by the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as stated in the corresponding column of the part against the defendant among the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 47 subparagraph 2 of the Act on the Promotion of National Sports concerning facts constituting an offense;