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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not have conspired with B, etc. to commit the instant crime, and in light of the content of the Defendant’s duties, etc., the Defendant does not constitute a gambling resident.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding of facts and misunderstanding of legal principles.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. 1) In light of the following circumstances, which are acknowledged by the court below based on the evidence duly adopted and examined by the court below, the defendant returned to a store for a considerable period of time under contact with D, under which the defendant received instructions from B and D, and was in charge of the work of maintaining and repairing gambling sites. Thus, the defendant's act is deemed to have committed an act necessary for the operation of gambling sites beyond the simple stage of facilitating the crime of opening gambling sites. Thus, it is reasonable to view that the defendant was equipped with a functional control over the establishment and operation of gambling sites in collusion with B, etc., and the crime of opening the gambling site as a manager of the gambling site in collusion with B, etc. was proven. 2) The crime of this case is established under the above circumstances as stated by the court below in the judgment of the court below, the head office in charge of the opening and operation of the gambling site, and the establishment of the gambling site, and the establishment of the gambling site, which is an organization or a duplicate of the sports site directly managing the entire site, and it is an organization or a duplicate.