Text
The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.
2. It is recognized that the judgment of the defendant is divided into his mistake, that there is no record of punishment for the same crime, and that the profit gained from the crime of this case seems not to be so much.
However, as in the instant case, it is necessary to strictly punish the act of running an illegal gambling game, as it is serious social harm, such as promoting a speculative spirit among the general public and hindering sound sense of work. The Defendant has been punished three times by a fine. Considering the size of the game site of this case, the degree of participation in the crime, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.