한국마사회법위반(도박개장등)등
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months and fines of twenty million won, confiscation) is too unreasonable.
2. The favorable circumstances in favor of the reasons for appeal: The defendant shows his attitude to recognize and reflect all of the crimes of this case.
The defendant's participation in the crime of violation of the Korean Marina Act (such as opening gambling, etc.) is relatively minor compared to A.
D. Unfavorable circumstances: The offense of violation of the laws of the Marina Society of this case is a crime that has not been committed against the society, such as encouraging the gambling spirit of the general public and impairing the sound sense of work.
Defendant has also committed a violation of the Marin society Act (Gambling, etc.).
The defendant has been punished once by a fine for gambling in 2005.
In full view of the aforementioned favorable circumstances, the Defendant’s age and character environment including unfavorable circumstances, motive and consequence of the crime, various sentencing conditions as shown in the arguments and records of the instant case, including the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines (the scope of imprisonment for not less than eight months (the scope of recommended punishment) and the basic area (a similar competition between eight months and one year and six months) (the special sentencing factor) of the type 2 (a similar competition) and the basic area (a special sentencing factor) [the final sentencing range following the increase of multiple offenses] [the scope of punishment following the increase of multiple offenses] of imprisonment for not less than eight months (the sentencing guidelines are not set for the remaining crimes in the concurrent relationship under the former part of Article 37 of the Criminal Act, and the minimum sentencing guidelines are not set.)
It is not recognized that it is unfair because it is too unaffort enough to be assessed.
3. The defendant's appeal is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.