도박개장등
All of the appeals by prosecutors are dismissed.
1. The gist of the grounds for appeal is that each sentence of the lower court against the Defendants (Defendant D: a fine of KRW 5 million, Defendant G, H, and I: a fine of KRW 3 million) is too unfeasible.
2. The fact that the Defendants, in a professional and systematic manner, opened a gambling room and scambling the general public’s gambling spirit is disadvantageous to the Defendants.
On the other hand, the degree of participation by the Defendants is relatively not more severe, and there is no actual amount of profit or small amount of profit, the Defendants did not have the same criminal record, and Defendant G and H did not have any criminal record exceeding the fine, and Defendant I was the first offender in favor of the Defendants.
In addition, comprehensively taking account of the Defendants’ age, character and conduct, environment, background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, it is not recognized that the sentence imposed by the lower court to the Defendants is too uneasible and unfair. Thus, the prosecutor’
3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.