beta
Text
We reverse the judgment of the first instance court.
A defendant shall be punished by imprisonment for two years.
232,00,000 won shall be additionally collected from the defendant.
Reasons
1. With respect to the first deliberation punishment (a year and six months of imprisonment, and additional collection) against the defendant as to the summary of the grounds for appeal, the prosecutor appealed each appeal on the ground that the defendant is too unfeasible and unfair.
2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.
It is not reasonable that there is no favorable circumstance for the defendant, such as the confession of the crime of this case and the mistake are divided, the fact that there is no particular criminal history during the last five years, and the health of the mother of the defendant is extremely poor.
Meanwhile, the establishment and operation of an illegal sports gambling site, such as the crime of this case, has caused many people to commit gambling in our society, and cause many other crimes to be committed in order to raise money for gambling, etc., which is significant to the society. The amount of gambling is large to KRW 310 million,00,000,000, the profits of the defendant acquired by the defendant are significant to KRW 310,000,000,000, the defendant and his accomplice share their respective roles and purchase and use the borrowed name account in order to avoid awareness of the crime, etc. The law of the crime is organized and planned, the defendant takes charge of the core roles such as participating in the crime of this case for a long time, and the overall operation of the illegal gambling site of this case, and the fact that the defendant has been punished for the same kind of crime, etc. are disadvantageous to the defendant.
In addition, the Supreme Court's sentencing guidelines for the crime of violation of the National Sports Promotion Act (replacement, etc.) and the crime of violation of the National Sports Promotion Act (replacement, etc.) and the establishment of gambling space are not applied in principle in the ordinary concurrent relationship. However, the sentencing guidelines are not applied to the crime of violation of the National Sports Promotion Act (replacement, etc.) which is subject to actual punishment.