도박공간개설등
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal against the Defendants is unreasonable because the respective punishment of the lower court (one year of imprisonment and one additional collection, one year of imprisonment and one year of confiscation, additional collection, Defendant C, and D: 10 months of imprisonment) is too unreasonable.
2. The decision-making Defendants reflect their mistakes and did not repeat the crime. Defendants A, C, and D do not have criminal records for the same kind of crime, and Defendant B is the initial offender.
However, the crime of opening a gambling space is a serious crime that promotes an excessive spirit of gambling for the general public and disturbs the awareness of sound labor, and is likely to cause social harm, such as failure of home economy due to the toxicity of gambling. In particular, as in the instant case, the crime using the Internet gambling site is more likely to cause harm to the general public due to ease of access, and thus, it is necessary to strictly punish the Defendants. In light of the degree of the Defendants’ participation in the crime, the period and scale of the crime, etc., disadvantageous circumstances, including the Defendants’ age, character and behavior, environment, motive, means and consequence of the crime, and other various circumstances, which are the conditions for the sentencing specified in the instant pleadings, such as the following circumstances, are considered to be unfair, to the extent that each of the lower court’s punishment against the Defendants is so excessive to escape the reasonable scope of discretion.
3. The Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.