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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for a year and six months, and for a year of imprisonment for a defendant B, and for a defendant C.
Reasons
1. The summary of the grounds for appeal that the court below rendered is too unreasonable (two years of imprisonment, additional collection, one year of imprisonment, one year of imprisonment, and one year of imprisonment).
2. It is recognized that the illegal Internet gambling site is in need of strict punishment for its operator due to a very strong social disorder, such as encouraging a speculative spirit to many unspecified persons and undermining sound labor awareness. The crime of opening the gambling space of this case was committed in an organized and planned manner, and the scale of gambling funds deposited from its members is very large amount, Defendant A appears to play a leading role in the crime of this case; Defendant A appears to play a leading role in the crime of this case; Defendants A seems to have a large amount of profit accrued from the crime of this case; Defendant A has been punished several times, Defendant A has a history of having been punished for suspension of execution, and has a history of having been punished for the same crime.
However, the Defendants made a confession of all the crimes and divided their mistakes, and Defendant B did not have any other criminal records except that sentenced to a fine of 300,000 won for violent crimes in 201, and Defendant C appears to not play a leading role. Considering the size of the site of this case, the period and profit-making, the size of the crime, the crime period and the environment of the Defendants, the motive, means and consequence of each of the crimes of this case, and all of the sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime, etc., each of the punishment sentenced by the lower court is too unreasonable.
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the Defendants is reversed, and the following is again decided after pleading.
Criminal facts
Article 369 of the Criminal Procedure Act applies to the facts constituting a crime and the summary of the evidence recognized by the court as stated in the corresponding columns of the judgment below.