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All the judgment below is reversed.
Defendant
A Imprisonment with prison labor for one year, and for eight months, each of the defendants B.
(b).
Reasons
1. The main sentence of the lower court against the Defendants in the reasons for appeal (one year of imprisonment, one year of imprisonment, and eight months of imprisonment) is too unreasonable.
2. The crime of this case is a crime that has great social harm due to the act of opening a gambling space on the general public’s web site with easy access to the general public and strong radio wave and impeding sound desire to work. The act of committing the crime of this case is a very intelligent crime, such as using a large quantity of telephonephones for a long time, and using another’s account or passbook account for the management of gambling funds. The Defendants’ act of committing the crime of this case is a very intelligent crime. Upon the commencement of the investigation into the accomplice on March 4, 2016, the Defendants continued to flee and going to appear at the investigation agency after the trial on the accomplice was closed. In return for the participation in the crime of this case, Defendant A appears to have obtained approximately KRW 36 million (Evidence No. 122 of the Record) for about 11 months, and Defendant B appears to have obtained profits from KRW 129 million (Evidence No. 129 of the Record) for about 7.3 months.
However, even though the Defendants were sentenced to a fine for gambling by committing the crime of gambling, they did not have the same criminal records as the crime of this case, Defendant B did not have the same criminal records, and the Defendants took part in the crime of gambling and carried out the general office according to C’s instructions. Although the above profits were withdrawn, the above amount appears to be the amount received as monthly salary during the period of the crime, in light of the period during which the Defendants participated in the crime of this case, the role of the Defendants in the crime of gambling, or the size of profits, etc., the above amount is the amount received as monthly salary. The above amount is the amount paid by the Defendants during the crime of this case, the period during which the Defendants took part in the crime of this case, and the amount of profits, etc.