사행행위등규제및처벌특례법위반
All appeals by the Defendants are dismissed.
1. The sentencing of the court below (the defendant C: six months of imprisonment, three years of probation, 80 hours of community service order, defendant D: imprisonment with prison labor for 10 months of probation, three years of probation, and 160 hours of probation and community service order) is too unreasonable.
2. Although the Defendants were aware that the crime of this case was committed at the time of and against the judgment, Defendant C had the record of being sentenced to the suspension of indictment on the grounds of the same kind of crime on October 2009, Defendant D committed the crime of this case again despite the fact that he had been sentenced to two years of suspended execution due to the same crime in October 209, taking into account the following factors: the age, character and conduct of the Defendants; the background and consequence leading to the instant crime; and the circumstances before and after the instant crime, etc., the sentence imposed by the court below is too unreasonable. Thus, the Defendants’ appeal is without merit.
3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.