도박공간개설
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.
2. The instant crime requires strict punishment for the Defendant, taking into account the fact that the Defendant conspired with C to commit the instant crime, opened and operated the Internet gambling site for 7 months or longer, and the nature of the relevant crime was serious in light of the period and scale of the crime.
However, there are extenuating circumstances to consider the Defendant favorable to the Defendant, such as the confession of the instant crime and the mistake of the Defendant, the Defendant appears to have taken charge of only an auxiliary role that helps the Defendant manage the entry and exit of C, the principal offender, the Defendant’s contribution of KRW 10 million to social welfare organizations, the Defendant has no record of criminal punishment, and the Defendant has no record of criminal punishment. In light of all of the above circumstances and other sentencing conditions in the instant pleadings, such as the Defendant’s age, sexual behavior, family environment, etc., the lower court’s sentence is too unreasonable.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.