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Defendant
All of the appeal filed by A and the appeal filed by the Prosecutor against Defendant B shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment against Defendant A (one year of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant B of the Prosecutor (five million won in penalty) is too unhued and unreasonable.
2. Determination
A. The circumstance, etc. where Defendant A initially led to the confession of all of the crimes is recognized.
However, in full view of the following: (a) Defendant A’s crime of this case promoted a speculative spirit and undermines the awareness of sound labor; (b) there is a significant harm to the society; (c) the size of similar horse racing crimes using the program produced by Defendant A was a relatively long-term period; and (d) Defendant A also appears to have obtained economic benefits from the crime (the investigation record 1915, 1916 pages); and (c) other various sentencing conditions shown in the instant pleadings, such as the Defendant A’s age, sex and family environment, motive, means, means, and consequence of the crime; and (d) the circumstances after the crime, etc., the lower court’s punishment against Defendant A is too excessive and is not deemed unfair. Therefore, Defendant A’s above assertion is without merit.
B. The crime of this case committed by Defendant B by the public prosecutor is likely to obstruct the investigation of the investigative agency and make it difficult to find the criminal and thus make it difficult for the state to exercise appropriate criminal justice, and there is a strict punishment corresponding thereto.
However, in full view of the following: (a) Defendant B led to the confession of all the crimes and divided his mistake; (b) Defendant B did not refuse the request from Defendant A, which had a close relation with Defendant B; and (c) Defendant B did not have any particular criminal history since 1992; and (d) other various sentencing conditions specified in the instant pleadings, such as Defendant B’s age, sexual conduct and environment; (b) motive, means and consequence of the crime; and (c) the circumstances after the crime, etc., the lower court’s punishment against Defendant B is too uneasible and unreasonable; and (d) the prosecutor’s aforementioned assertion is without merit.
3. Conclusion.