도박장소개설
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal that the court below rendered is too unreasonable that each sentence (Defendant A: imprisonment of one year, additional collection of 7.5 million won, and Defendant D: imprisonment of 10 months, three years of suspension of execution of ten months, observation of protection, community service, 160 hours, confiscation, additional collection of 7.5 million won) imposed by the court below is too unreasonable.
2. It is recognized that the defendants repent their mistakes.
However, as in the instant case, the act of opening an illegal gambling place is seriously detrimental to the society by encouraging a speculative spirit among the general public and hindering sound sense of labor, and thus, it is necessary to strictly punish the instant crime. The Defendant A led the instant crime; Defendant A was punished twice the suspension of execution, nine times the fine for the instant crime; Defendant D was punished twice the suspension of execution; Defendant D was punished twice the suspension of execution; Defendant D was punished for the same crime; Defendant D was punished three times the fine for the same crime; 3 times the suspension of execution, one time the suspension of execution; and 4 times the fine for the instant crime; the size of the gambling place; the degree of participation in the instant crime; other Defendants’ age, sex, environment; the motive, means and consequence of the instant crime; and the scope of recommended sentencing guidelines for the enactment of the Sentencing Committee, such as the circumstances after the crime, etc., it is not recognized that the lower court’s each punishment is too unfair by taking into account the following factors.
Therefore, the Defendants’ assertion is without merit.
3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.