국민체육진흥법위반
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is too unreasonable that the sentence (a fine of KRW 4 million is imposed on the Defendants (a fine of KRW 4 million, and a fine of KRW 8 million) declared by the lower court against the Defendants is too unreasonable.
2. The judgment of the Defendants recognized all of the instant crimes and reflects them, and Defendant A was the first offender and Defendant B did not have any specific criminal power, etc. are favorable conditions for sentencing.
However, Defendant A deposited more than KRW 350 million over 38 times from January 2012 to July 2014, and deposited more than KRW 250 million over 250 million from August 2010 to October 2014, Defendant B deposited more than KRW 2504 times and carried out the gambling of each of the private sports discussions, and the degree of illegality is small.
In addition, the crime of gambling is highly harmful to society by promoting an excessive spirit of gambling to the general public and neglecting the home economy.
In consideration of the favorable circumstances in favor of the Defendants, the lower court already reduced the amount of fine for summary order (the amount of fine of KRW A 5 million, KRW B 10 million).
In addition, considering various conditions of sentencing, such as the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, equity with the sentencing of the same kind of case, it cannot be said that the lower court’s each sentence imposed on the Defendants is too unreasonable.
3. In conclusion, since all of the defendants' appeals are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.