국민체육진흥법위반(도박개장등)등
All appeals by the Defendants are dismissed.
1. The main reasons for appeal are as follows. Each punishment of the lower court (one year of imprisonment, additional collection, ten months of imprisonment, confiscation, and additional collection) is too unreasonable.
2. Determination
A. Circumstances favorable to Defendant A are as follows.
The Defendant is divided into the instant crime.
Circumstances unfavorable to the defendant are as follows:
The establishment and operation of illegal gambling sites are very likely to cause a speculative spirit and undermine sound work consciousness.
Defendant cannot be deemed as a person who is simply involved in publicity on a website through the Internet and recruitment of new members, etc.
In 2015, the Defendant was sentenced to imprisonment for six months as a result of the opening of gambling for the same criminal, and was sentenced to a two-year suspended sentence, and again committed the instant crime during the suspended sentence period.
In addition, the defendant has been sentenced to a fine for violating the Electronic Financial Transactions Act in 2011.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly unreasonable.
B. Circumstances favorable to Defendant B are as follows.
The Defendant is divided into the instant crime.
The Defendant paid the surcharge in full.
Circumstances unfavorable to the defendant are as follows:
The establishment and operation of illegal gambling sites are very likely to cause a speculative spirit and undermine sound work consciousness.
The Defendant cannot be deemed as a person who is simply involved in publicity on the Internet, recruitment of new members, withdrawal of profits, etc.
In 2015, the Defendant was sentenced to the violation of the Electronic Financial Transactions Act and the driving of drinking, and each fine for driving without a license in 2016.
The age, sex, career, environment, and circumstances mentioned above are as follows.