도박장소개설
The judgment below
The part against the Defendants is reversed in entirety.
Defendant
A shall be punished by imprisonment with prison labor for nine months and by imprisonment for defendant B.
1. Each sentence of the lower court (Defendant A: imprisonment with prison labor for one year, and Defendant B: imprisonment with prison labor for eight months) against the Defendants in summary of the grounds for appeal is too unreasonable.
2. In light of the degree of participation in the crime, such as the necessity of strict punishment for the crime of opening a gambling place and the role of the Defendants, as the court below explained in the unfavorable circumstances against the Defendants, it is inevitable to sentence the Defendant A, in particular, in that it is highly probable that the Defendant A might be subject to a repeated crime of the same kind, even though he was in the period of repeated crime of the same crime.
However, in light of the overall criminal acts of this case committed by the Defendants, the Defendants reflect in depth the mistake and actively cooperate in the investigation. However, considering the equity in the case where punishment was imposed together with each previous conviction in the judgment of the court below which became final and conclusive, as well as all other factors of sentencing as indicated in the records of this case, including the Defendants’ age, sex, environment, and circumstances after the crime, the sentence of the court below against the Defendants is too unreasonable.
3. Thus, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and it is again decided as follows.
【Re-written judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the corresponding parts of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 247 and 30 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Imprisonment with labor
1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;
1. Defendants who commit concurrent crimes: The latter part of Article 37 of the Criminal Act: Article 39(1)
1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;
1. Defendant of the community service order.