국민체육진흥법위반(도박개장등)등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (the defendant A: imprisonment of one year and six months, the suspension of execution of two years, 40,010,500 additional collection, the defendant B: imprisonment of six months, and the suspension of execution of two years) of the lower court is deemed to be too unjustifiable and unfair.
2. The judgment of the defendant A operated an illegal Internet gambling site for a considerable period of time, and the fact that the defendant A received several lots of bankbooks for this purpose, and although the defendant B could have anticipated that it would be used as a tort, it is disadvantageous to the defendant A.
However, considering the following factors: (a) there is no previous error with the Defendants; (b) recognition of and reflect against the crimes; and (c) Defendant A cooperateed in the investigation; and (d) payment of the amount equivalent to the surcharge at the lower court; and other various sentencing conditions, such as the Defendants’ age, character and conduct, environment, motive for the crimes and circumstances after the crimes, the sentence imposed by the lower court cannot be deemed to be too un
3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.