beta
Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (a year and six months of imprisonment, a suspended sentence of three years, a community service work 240 hours, an additional collection of KRW 152,580,310) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. The judgment of the defendant is contrary to the recognition of all of the crimes of this case, there is no criminal record of the same kind, and there is no record of criminal punishment except once a fine due to drinking driving.
Meanwhile, in light of the fact that the Defendant operated a computer server for more than four years, facilitates the establishment of an illegal gambling site and received a user fee, and that the amount of profit therefrom reaches about KRW 150 million, and that the actual profit would not be much considering the cost required for the operation of the server, and that the acquisition of an access medium may be used for other crimes, the nature of the crime is not somewhat weak.
In addition, in full view of all the sentencing conditions as shown in the pleadings, such as the defendant's age, sex, environment, means and methods of crime, results, etc., the sentence imposed by the court below cannot be deemed too minor or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition by the court below (Article 186(1) proviso of the Criminal Procedure Act on the grounds that it is evident that the part of aiding and abetting the application of the law of the court below was omitted “the crime of aiding and abetting and abetting each citizen sports promotion (the act of opening gambling, etc.)” (Article 15 of the sentence of the court below is corrected to add it ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure).