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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against Defendant A (the imprisonment of eight months, the fine of three million won, the confiscation) is too unreasonable.
B. The prosecutor participated in the instant gambling
In light of the fact that the above defendant 1, who aided and abetted gambling by providing S and gambling place, was punished several times in each statement at the court of the original trial, and that the defendant D had been punished for gambling or aiding and abetting gambling at the time of the instant case, and the fact that he aided and abetting gambling at the time of the instant case can be sufficiently recognized, the court below acquitted the above defendant, despite the fact that he aided and abetting gambling while gambling and aiding and abetting gambling by viewing the network, the court below erred by misunderstanding the facts or misunderstanding the legal principles.
2. We examine the judgment as to Defendant A’s assertion. Each of the crimes of this case is related to the establishment of one-time gambling place and the crime of gambling; the above Defendant reflects his mistake while committing the crime; the Defendant is treating gambling addiction in order to prevent recidivism; and the branch and his family are relatively clear that social relationship is favorable to the above Defendant.
On the other hand, each of the crimes of this case is that the above defendants, etc. prepared a gambling place, received expenses for participating in gambling, and received expenses for participating in gambling in a collective and systematic gambling, and the crime's nature and circumstances are not less than that of the crime in light of the background, method, scale, etc. of the crime. In that process, the above defendant not only led the crime as a founder of gambling but also took part in gambling. The above defendant was punished not less than 10 times for the same crime, and the crime of this case was committed during the suspension period after being sentenced to imprisonment for not less than 8 months and 2 years for the establishment of a gambling place on September 2016.