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Defendant
All appeals filed by the Defendants A, B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
(a) Defendants A and B’s unfair sentencing [the sentence of the lower court: imprisonment for a year and six months and fine for a fine of KRW 7,000,000, the suspended execution three years, additional collection (Defendant A), a fine of KRW 5,00,000 (Defendant B)];
B. According to the evidence submitted by the prosecutor, the prosecutor 1) misunderstanding of facts (the acquittal part against Defendant B in the judgment of the court below) / The defendant B is a co-principal of opening the instant gambling place.
2) Unreasonable sentencing [Defendants: 10 months of imprisonment, 2 years of probation, 120 hours of community service, 8 months of imprisonment, 2 years of probation, 8 years of probation, 80 hours of community service (Defendant I), 6 months of imprisonment, 2 years of probation, 2 years of probation, 3 years of probation, 80 hours of confiscation, 80 hours of community service (Defendant J)
2. Determination
A. As to the prosecutor’s assertion of mistake of facts (the point of opening a gambling place) 1), the facts charged in a criminal trial should be proved by the prosecutor, and the judge should be convicted with evidence having probative value sufficient to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant’s guilt, it is inevitable to determine the defendant’s interest. 2) In light of the following circumstances, the lower court determined that the evidence submitted by the prosecutor alone was insufficient to deem that the facts charged by the Defendant B, in collusion with the Defendant A, opened a gambling place to the extent that it is beyond a reasonable doubt, and sentenced the Defendant not guilty of the above facts charged. Around April 6, 2016, Defendant J lost money while gambling, and thus, Defendant B appears to the purport that “I am son,” and that “I am son son son son son son son son son son son son son son son son son son son.”
(b).