The judgment of the court below is reversed.

Defendant

A Imprisonment of six months, Defendant B shall be punished by a fine of 7,00,000 won, and Defendant C shall be punished by a fine of 10.

1. The lower court’s sentencing against the Defendants on the gist of the grounds of appeal is too unreasonable.

2. Considering the fact that the period of the Defendants’ crime is long, the number of crimes is high, and Defendant A commits the instant crime during the period of repeated crime, and Defendant B commits again the instant crime despite the same criminal record, strict punishment against the Defendants is required.

However, in light of the fact that the Defendants are breaking their mistakes in depth, there is no previous conviction for the Defendant A, the Defendant C is an initial offender who has no criminal record, the degree of money provided for gambling, the age, sex and environment of the Defendants, motive, means and consequence of the crime, and other conditions of sentencing specified in the argument of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the above argument by the Defendant is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 50 (1) 2 of the Korean Marina Society Act and Article 50 (1) 2 of the same Act concerning criminal facts and the choice of punishment for Defendant A, and each of the fines for negligence for Defendant B and C

1. A aggravated defendant for a repeated crime: Article 35 of the Criminal Act;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Defendant B and C in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;