도박공간개설
The Defendants’ appeal is dismissed.
1. Summary of grounds for appeal;
A. Defendant A: The punishment of the lower judgment (one year of imprisonment) is too unreasonable.
B. Defendant E: The punishment of the lower judgment (eight months of imprisonment) is too unreasonable.
2. Determination
A. Defendant A recognized all the crimes of this case and divided his mistake, and the Defendant did not have the same criminal records, in addition to the one-time fine, etc. However, the crime of this case is likely to cause social harm, such as the Defendant’s leading establishment of a private sports earth site and acquisition of pecuniary benefits by inducing speculation, and undermining sound labor awareness, etc. The Defendant received money equivalent to KRW 17.3 billion in operating a private sports earth site over the long-term of one year, and other various sentencing conditions as shown in the argument of this case, including the Defendant’s age, criminal records, character and behavior, environment, family relationship, motive and circumstance of the crime, etc., are considered as inappropriate.
B. Defendant E’s mistake is divided, and the Defendant has no same criminal record, as well as one time’s fine. However, in light of such favorable circumstances as the fact that the Defendant was in charge of one-time marketing of members of the Internet gambling site to facilitate the general public’s access to gambling, and that the Defendant appears to have considerable profits from the instant crime while operating the private sports soil site for about five months, and that the Defendant’s age, criminal records, character and behavior, environment, family relationship, and circumstances after the commission of the instant crime, etc., it cannot be said that the Defendant’s punishment imposed by the lower court is too unreasonable.