A. Each sentence imposed by the lower court on the Defendants (i) is too unreasonable that the Defendants’ respective sentences (i.e., imprisonment for 8 months, 2 years of probation, 120 hours of community service, 2 years of probation, 3 million won of probation, 300,000 won of community service, 120 hours of confiscation, 1 through 3, 30 through 35 of evidence) are too unreasonable.

B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.

2. Determination

A. The part of the Defendant against Defendant A, who led to the confession of the instant crime, reflects his mistake in depth, and the fact that the Defendant was punished by a fine for violating the Guarantee of Automobile Compensation Act, other than the punishment imposed by a fine, is favorable.

On the other hand, the crime of opening gambling is disadvantageous to the fact that the general public's spirit of gambling is promoted, and the crime of opening gambling is highly detrimental to the society, such as undermining sound work consciousness, so strict punishment is necessary.

In addition, given that there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment, comprehensively considering various sentencing conditions that appear in the records and theories of the instant case, including the background of the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.

B. The part against Defendant B is favorable in terms of the following facts: (a) the Defendant made confession of each of the instant crimes and reflects his mistake in depth; (b) the period of operation of the instant gambling place is more than one day, and (c) the amount of profit therefrom appears to have not been significant.

On the other hand, the crime of opening gambling is likely to cause the gambling spirit of the general public and undermine the sound sense of work, and therefore it is necessary to strictly punish it, and it is disadvantageous to the defendant.