도박공간개설
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The decision of the court below on the summary of the grounds for appeal (the fine of five million won, the additional collection of a fine of eight million won) is too unreasonable.
2. Circumstances unfavorable to the defendant are as follows.
In collusion with Co-Defendant A and B of the lower judgment, it is necessary to strictly punish the crime of this case that the Defendant established a gambling space by using online games, etc., in that it has great social harm, such as encouraging the people's gambling spirit and impairing sound labor awareness.
Circumstances favorable to the defendant shall be as follows:
The Defendant shows the attitude of reflecting the Defendant’s criminal act in the instant case.
The crime of opening the gambling space of this case is planned and implemented by co-defendant A and B in the original judgment. The period during which the defendant participated in the crime is not only the draft, but also the actual profit is not the 800,000 won exempted.
There is no record of criminal punishment against the defendant up to now.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 247 and 30 of the relevant Act concerning the facts constituting the crime and the selective punishment, and the selection of fines;
1. Punishment amount to be suspended: 5,000,000 won;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);
1. Article 59 (1) of the Criminal Act of suspended sentence;