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The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment for eight months.
except that this shall not apply.
Reasons
1. The main point of the grounds for appeal is that the sentence of the court below (the imprisonment of eight months for the defendant A, the imprisonment of eight months for the defendant B, and the confiscation) is too unreasonable.
2. The crime of this case committed by the Defendants was committed by the Defendants by opening a gambling place for the purpose of gaining illegal property benefits, which may cause significant social harm and harm to the sound labor concept and social morals. Defendant A had been punished for gambling in 2009 and the crime of gambling in 2009. Defendant B had the record of punishment for gambling opening in 2002. Defendant A had a total manager and a fund-raising power to gather one million won per day from J and gambling, and had prepared for gambling place in preparation for the crime of gambling, and, in view of the fact that Defendant A took the role of “drawing” in the gambling place after phone call to J, took the role of managing the Defendants’ money outside of the investigative agency, such as “gambling and management” of so-called “gambling and management of money,” and “gambling and management of money outside the investigative agency,” the so-called “gambling and management of money,” and “gambling and management of money outside the investigative agency.”
However, the defendants are against the crime of this case, the size of the gambling place opened as a result of the crime of this case is relatively small, and the defendants did not have been punished for the same crime, and the records of the same crime were punished by a fine of KRW 300,000 as a result of the crime of gambling in 2009 and a fine of KRW 300,000 as a result of the crime of gambling in 2009, and the defendant B was punished by a fine of KRW 1.5 million as a result of the crime of gambling in 202, and the defendant B was punished by a fine of KRW 1.5 million as a result of the crime of gambling in 202.