도박개장
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment and 30 million won of additional collection) is too unreasonable.
2. The crime of this case was committed on the premise that the Defendant introduced C with a large amount of money through the gambling site and started the same business. The Defendant was in charge of hot pursuit in the process of the establishment of the gambling site in lieu of C with no funds, including the cost of producing the gambling program instead of C. In addition, the Defendant led the Defendant to commit the crime, such as opening and managing the shock charging center, which can be the core in the course of operating the gambling site, by directly operating the gambling site.
However, it appears that the defendant was living in custody that he was able to repent and reflect the wrongs in depth, and there was no record of punishment for the same kind of crime, and as the defendant was excluded from the operation of the gambling site due to dispute with C, it cannot be said that the period of participation in the operation of the above site is about two months, and the profits gained by the defendant also seems to be restricted, and in full view of all the sentencing conditions such as the background of the crime of this case, circumstances after the crime, the defendant's age, character and behavior, environment, etc., the punishment imposed by the court below is somewhat inappropriate.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 247 of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); and