Text
The judgment below
Part concerning Defendant B and C shall be reversed.
Defendant
B shall be sentenced to 8 months of imprisonment and 2 million won of fine.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the lower court on the Defendants (one year and six months of imprisonment; one year of imprisonment; two million won of fine; one year of imprisonment; one year of imprisonment with prison labor; one year of fine; and one million won of fine) is too unreasonable.
2. Determination
A. As to the Defendant A’s assertion of unreasonable sentencing, it should be recognized that the Defendant recognized each of the instant crimes and divided the mistake.
However, each of the crimes of this case using illegal sports gambling is a highly harmful crime such as encouraging the people's spirit of gambling, impairing the sound sense of labor, and in light of its scale and operational behavior, the defendant's responsibility is very heavy.
In particular, it is inevitable to strictly punish the Defendant in light of the fact that the Defendant played a leading role in the instant crime, such as managing the shock and exchange account of the illegal sports gambling site, and ordering Defendant B, C, etc. to recruit members.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, circumstances after the instant crime, and criminal records, it is not recognized that the sentence imposed by the lower court is too unreasonable.
B. Each of the crimes of this case using illegal sports gambling on Defendant B and C’s assertion of unfair sentencing is a highly harmful crime, such as encouraging the people’s spirit of gambling, impairing the sound sense of work, etc., and the Defendants also committed gambling.
However, the Defendants recognized all of the crimes of this case as committing each of the crimes of this case and divided them in depth, and did not directly participate in the operation and management of the illegal sports gambling site of this case, and it seems that there are no many profits from the crime of this case.
The above defendants' branch and family members want to support the defendants, and the defendant B has family members to support.