국민체육진흥법위반(도박개장등)등
Defendant
All appeals by prosecutors are dismissed.
1. The defendant of the grounds for appeal asserts to the effect that the punishment imposed by the court below (a punishment of imprisonment with prison labor, a year and eight months, and a collection) is too unreasonable, and the prosecutor argues that the above punishment is too unfilled and thus unfair.
2. We also examine each unfair argument of sentencing by the Defendant and the Prosecutor.
In light of the social aggravation of the illegal sports gambling site, the period and scale of the crime, profit-making, etc. with a server in a foreign country, each of the crimes of this case is not good, and the liability for the crime is grave, and the fact that the defendant led each of the crimes of this case is planned or implemented is disadvantageous.
On the other hand, there are favorable circumstances such as the confession and reflection of the defendant, and the fact that the defendant voluntarily returned to Korea and received the investigation.
Considering the above circumstances and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court’s sentencing committee (a period of not less than one year and six months), and the Defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., various conditions of sentencing specified in the records and arguments in this case, such as the following circumstances, are too heavy or unbrupted, and thus, cannot be deemed unfair.
Therefore, each of the defendant and prosecutor's argument of sentencing is without merit.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all appeals by the defendant and the prosecutor are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.