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The Defendants’ appeal is dismissed.
Expenses relating to witnesses shall be borne by Defendant B among the costs of lawsuit.
Reasons
The summary of the reasons for appeal by Defendant A is that the punishment prescribed by the court of the original instance (two years of suspended sentence of imprisonment for four months, fine 1,00,000, and confiscation) is too unreasonable.
Defendant
B The judgment of the court below which recognized the crime of gambling on the grounds of appeal in B constitutes a case of violation of laws and regulations and mistake of facts, which affected the judgment, and the punishment prescribed by the court of the court of the original instance (amount to KRW 3,000,000) is too unreasonable.
Judgment
Defendant
Examining the instant case based on the evidence duly adopted and examined as to the misunderstanding of facts B and the misapprehension of the legal doctrine, it is reasonable and acceptable to find the Defendant B guilty of the facts charged of gambling, such as the judgment of the court of the original instance (in particular, the 4 pages and 5 pages 7 et al.).
The testimony of the witness I, R and G of the court below is not consistent with the objective evidence photographs, and the credibility is high, so there is a lack of reasonable doubt on the facts charged.
Defendant B’s assertion that there was a mistake or misunderstanding of the legal principles that affected the judgment of the court below is not accepted.
As to the defendants' unfair argument of sentencing, the defendant A seems to have led to a confession and reflect on the crime, and there is no same criminal record.
However, the crime of gambling has been repeated, and as the police was discovered, the criminal liability of the defendant is not easy because he misrepresented him.
Defendant
It is recognized that B has served as a police official for a long time, and there is no criminal history.
However, in that public officials take part in gambling, the liability for the crime is not easy.
The court of the lower judgment rendered a sentence against the Defendants by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, the age, sex, environment, and crime of the Defendants.