The part of the judgment of the court of first instance against the defendant shall be reversed.

The punishment of the accused shall be determined by one year and six months.

1. The summary of the grounds of appeal is unreasonable. 2. The judgment of the court of this case was based on the defendant's leading of the crime of this case, the period of the crime and the size of the crime are reasonable, but the defendant did not directly operate the private horse site, but did not have any criminal records similar to the defendant, the defendant has no other type of crime, and the defendant has a depth of his mistake, and other various sentencing conditions shown in the argument of this case, including the defendant's age, character and behavior, family character and behavior, the motive and circumstance of the crime, and circumstances before and after the crime, are considered to be somewhat inappropriate.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as that of the defendant in the judgment of the court of first instance. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 50 subparag. 1, Article 48(2)1 of the Korean Racing Association Act, and Article 30 of the Criminal Act (excluding the case of single criminal acts), which comprehensively covers the pertinent law on criminal facts and the choice of punishment (the choice of imprisonment with prison labor). 1. Article 62(1) of the Criminal Act of the Suspension of Execution (the fact that there is no ground for disqualification for a suspended sentence against the defendant, and circumstances favorable to the defendant as seen earlier, etc.)