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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than three months.
Defendant
A.
Reasons
Summary of Grounds for Appeal
Defendant
A The punishment of the lower court (the penalty of KRW 8,73,800,000 for imprisonment) is too unreasonable.
Each sentence of the lower court against the Defendants by the Prosecutor (Defendant B: Imprisonment with prison labor for six months, one year of suspended execution, and forty hours of social service) is deemed too unhued and unreasonable.
Judgment
Defendant
It is favorable that the defendant's wrong judgment against A is recognized.
The crime of opening the gambling space of this case is likely to cause harm to the sound labor concept and social morals and morals. The defendant recruited members as a so-called "store" for a period of one year, and received approximately KRW 73 million as a commission, and the amount used by the defendant is about KRW 150 million. It is disadvantageous under the circumstances that the defendant's use of the gambling site of this case is an equity in sentencing with accomplices related to the gambling site of this case, the circumstances leading up to the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, and the various sentencing conditions shown in the argument of this case, such as the nature of the crime of this case, the court below's punishment is too heavy or unreasonable. Thus, the defendant and the prosecutor's assertion are without merit.
Defendant
B Prior to the judgment on the grounds for appeal against the Defendant B by the ex officio judgment prosecutor, the prosecutor first head of the crime against the Defendant B in this court, and the prosecutor applied for the amendment of an indictment to add “Article 35 of the Criminal Act” to the applicable provisions of law, and the part of the judgment of the court below against the Defendant could no longer be maintained as it was changed by this court to the effect that “the Defendant B was sentenced to imprisonment for not less than eight months with prison labor on July 15, 2009 and its execution was terminated on January 14, 2010.”
In conclusion, both appeals against Defendant A are without merit, and they are all filed in accordance with Article 364(4) of the Criminal Procedure Act.