국민체육진흥법위반(도박개장등)등
The judgment below
The part of the additional collection against the Defendants is reversed.
All remaining appeals by the Defendants are filed.
1. The reasons for appeal are as follows: The sentence of the lower court (Defendant C and E: each fine of KRW 4,000,000, Defendant F: fine of KRW 3,000,000) is too small, and the benefits paid by M, etc., who is the principal offender of each of the crimes of this case, are collected additionally. Thus, it is unreasonable.
2. Determination
A. The Defendants recognized each of the instant offenses and divided their errors.
The Defendants participated in each of the crimes of this case while receiving the prescribed benefits, and the degree of participation is relatively minor.
Defendant
C. E is an initial offender with no record of criminal punishment, and Defendant F has no record of being sentenced to criminal punishment in excess of the same military force and the suspension of execution.
However, the Defendants, who were employed by M, etc., participated in the operation of the illegal sports entertainment site, and such crimes can be easily accessible to the general public, leading many and unspecified persons to gambling through a considerable Internet site, thereby encouraging speculative spirit and lowering sound labor awareness to the public, etc. In light of the fact that the Defendants are highly malicious in society, the liability for the crime is not easy.
Also, considering the period, frequency, place, and proceeds of each of the crimes in this case, there is a high possibility of criticism.
I would like to say.
In light of the various circumstances, including the above circumstances, such as the Defendants’ age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment is too unreasonable due to its excessive reason.
B. The lower court stated in Article 51(3) of the National Sports Promotion Act that the provision applicable to the collection of additional charges is Article 48(2) and Article 48(1) of the Criminal Act, but it is reasonable to regard the provision as Article 51(3) and Article 51(1) of the National Sports Promotion Act, which is a special law.
The additional collection of property profits pursuant to the provisions of subparagraph 2 of Article 47 of the same Act shall be made in order to eradicate the crime committed in violation of subparagraph 2 of the same Article.