경륜경정법위반
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced against the Defendants (e.g., a fine of 5 million won, a fine of 2 million won in case of Defendant B, and a fine of 7 million won in case of Defendant C) is too unreasonable.
2. Determination
A. The facts that Defendant A led to the confession of the instant crime and reflects his mistake are favorable to the Defendant.
However, the fact that the total amount of gambling of the defendant (as approximately KRW 54.57 million), about 1 year and 23 times over 1 year and 23 times, and that there was two times of fine due to a crime of double-year is disadvantageous to the defendant.
In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.
B. Defendant B’s confession of the instant crime and reflects his mistake, and the primary offender who has no criminal record is favorable to the Defendant.
However, the fact that the total amount of gambling of the defendant (as approximately KRW 12,590,00) is not many, and that the defendant spams for about 2 months is disadvantageous to the defendant.
In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the lower court’s sentence is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing is not acceptable.
C. Defendant C.