도박공간개설등
[Defendant A and B] Appeal by Defendant A and Prosecutor and Appeal by Prosecutor are all dismissed.
[Defendant D]
1. Summary of grounds for appeal;
A. The lower court’s sentence against the Defendants (one and half years of imprisonment for each of the Defendants A and B, two years of probation, community service order, confiscation, Defendant D: imprisonment for eight months of probation, two years of probation, and confiscation) is too unreasonable.
B. The lower court’s sentence against Defendant A and B of the Prosecutor is too unhued and unreasonable.
2. Determination
A. Defendants A and B both of the above Defendants were aware of and resisting to commit a crime.
There is no criminal record exceeding the same criminal records or fine for the above Defendants.
On the other hand, the above Defendants conspired with daily allowances for the operating organization of the Internet gambling site and participated in the crime of opening and operating the Internet gambling site.
Defendant
A manages the withdrawal of gambling proceeds, and Defendant B played an essential role in the operation of the Internet gambling site by withdrawing and delivering or transferring gambling proceeds in cash under the direction of Defendant A.
In addition, in full view of all the circumstances that are the conditions for sentencing as shown in the pleadings, such as the above Defendants’ age, character and conduct, motive and background of the crime, degree of participation, size of proceeds from the crime, and social harm of the crime, etc., the lower court’s punishment against the said Defendants is too heavy as alleged by the said Defendants, or it is not deemed unfair as it is too excessive as it is alleged by the public prosecutor.
Therefore, all of the above defendants' arguments are without merit.
B. The transfer and lending of the means of access for electronic financial transactions by Defendant D may be used as a means of other crimes. In fact, in the instant case, the means of access transferred to the said Defendants was used for singing crimes.
However, the number of means of access that the above defendant transferred is not much available.
The above defendant has no record of criminal punishment, confessions, and reflects the crime.
otherwise, the age of the above defendant;