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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (a punishment of eight months of imprisonment, additional collection of one hundred and five million won) is too unreasonable.
The Defendant argued to the purport of mistake in the appellate brief, etc.
However, on May 23, 2019, the defendant and his defense counsel stated that the grounds for appeal for mistake of facts should be withdrawn and that the grounds for appeal for unjust sentencing should be maintained as grounds for appeal.
2. Determination is recognized that the Defendant recognized the instant crime and caused mistake, and that the Defendant appears to have participated in the instant crime by the solicitation of a business owner C, which is an unemployment owner, considered certain degree of the process of participation in the instant crime. It is recognized that the period of participation in the instant crime is relatively short of about 10 days and the benefits acquired by the instant crime are not visible.
However, it is recognized that the degree and role of the defendant's participation in the crime of this case, such as taking charge of the head of weekly business, and guiding customers to money exchange, is very great social harm and injury, such as encouraging the general public to commit the crime of this case related to illegal games, such as the crime of this case, and thus, the defendant has committed the crime of this case in a systematic and planned manner by sharing his roles together with other accomplices, and the crime of this case is heavy, and even though he had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had been sentenced to punishment for the same crime on August 14, 2014, it is recognized that he had been sentenced to one year of imprisonment with prison labor for the same crime on June 9, 2016, and again committed the crime of this case during the repeated crime period after the execution of the punishment was terminated.
Furthermore, there are no new circumstances or special changes in circumstances that can be reflected in sentencing after the sentence of the lower judgment, and other circumstances, such as the Defendant’s age, character and conduct, background, means and result of the crime, etc.