The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) the defendant, along with his accomplice, obtained money from the victims in a systematic manner through gambling; (b) the crime of this case is committed while the defendant was under criminal trial due to the establishment of gambling space even though he had been subject to criminal punishment due to the crime of gambling; (c) the defendant appears to have committed the crime of this case; (d) the defendant, under investigation conducted by an investigative agency, received money from his accomplices; and (e) the defendant was deemed to have concealed his participation in the crime; and (e) the circumstances after the crime are deemed to be very poor.

However, there are circumstances favorable to the defendant, such as the fact that the defendant was waiting for committing the crime of this case, that the defendant agreed with the victim K, J, M, andO, that the victims are deemed to have considerable responsibility for the expansion of damage, that the victims are also responsible for the extension of damage, and that equity should be taken into account at the same time with the establishment of an established gambling space. In addition, considering all the sentencing conditions, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (main sentence for each victim), the choice of imprisonment for a crime;

2. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;