도박공간개설
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. In light of the unfavorable circumstances such as the fact that the illegal gambling site promotes a speculative spirit for many citizens, harms a sound sense of work, and harming the participants in gambling from economic distress, etc., and thus requires a strict punishment for the crime related thereto, the period of crime committed by the defendant is considerably long to about 18 months, and the degree of participation is not easy, and the total amount of the gambling provided on the instant gambling site is a large amount of money exceeding KRW 9.35 billion, it is inappropriate to place the defendant in a stay of execution.
However, the circumstances favorable to the defendant include the fact that the defendant makes a confession of facts constituting the crime and recognizes his mistake, that the defendant has no record of punishment for the same crime, and that there is no record of punishment for other crimes except twice a fine, etc.
The full bench of different cases where the above circumstances and the contents of the crime of this case are similar to those of this case reviewed the sentencing of this case, including the following decisions.
(11) Gwangju District Court Decision 2017 High Court Decision 1770 Decided July 19, 2017 (2) Gwangju District Court Decision 2017 High Court Decision 2159 Decided November 21, 2017 (3) Gwangju District Court Decision 5019 High Court Decision 2017 High Court decided December 20, 2017. (4) Gwangju District Court Decision 1307 High Court Decision 1681, June 23, 2017 (Consolidation) 1307 High Court Decision 2017 High Court Decision 2017 High Court Decision 2678 decided July 20, 2017 (Seoul High Court Decision 2017 High Court Decision 201Mo412 decided November 30, 2017)