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The judgment below
The part against the Defendants is reversed.
Defendant
A and B shall be punished by imprisonment with prison labor for one year, and Defendant C.
Reasons
1. The punishment sentenced in the original instance on the summary of the grounds for appeal (the imprisonment of one and half years, confiscation, additional collection, Defendant B and C: each imprisonment of one year and half years, and the additional collection) is too unreasonable; and
2. The crime of this case is established for profit-making purposes and has great social harm, such as undermining the citizens' desire to work and promoting speculative spirit. The crime of this case was committed by Defendant A for about six months, Defendant B, Defendant B, Defendant C, and Defendant C’s total place of gambling three months, respectively. Even according to the Defendants’ statements, the operating profit of each of the gambling places of this case is about KRW 20 million in the case of Defendant A, Defendant C, and approximately KRW 24 million in the case of Defendant C, approximately KRW 24 million in the case of Defendant C, about KRW 60 million in the case of Defendant C, and about KRW 24 million in the case of Defendant C, and about KRW 60 million in the case of the case of Defendant C, taking considerable measures to avoid crimes, such as correcting the door of the gambling and installing CCTV at the entrance of the building, etc., or moving the place of business frequently, and Defendant B was subject to punishment of imprisonment or punishment of suspended execution during the crime of this case under the Act on Promotion of the Game Industry.
However, the Defendants take the attitude of recognizing and opposing the mistakes, and Defendant A did not have any other criminal records other than the fine imposed twice for a crime of immigration offense, Defendant B did not have criminal records other than the above suspended sentence, Defendant C did not have any other criminal records other than the fine imposed twice due to gambling, and Defendant C voluntarily paid the surcharge of the judgment of the court below, etc. shall take into account the circumstances favorable to the Defendants.
Considering the above circumstances and other circumstances, the lower court’s overall circumstances such as the Defendants’ age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.