Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for not less than two years and six months.
seizure.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) The sentence of the lower court against the Defendant of unreasonable sentencing (three years of imprisonment) is too unreasonable.
(2) The illegal collection of the surcharge is possible to the extent that the defendant is specified as the criminal proceeds actually distributed, and it is impossible to collect the surcharge because it is not possible to specify the criminal proceeds of the defendant, or even where it is possible to specify them.
The court below erred in collecting money from the defendant, including profits that the defendant had accrued before the involvement and distributed to or paid to the subordinate business operators, including profits that the defendant actually did not have been distributed.
B. The court below's sentencing (Defendant A: imprisonment of three years, confiscation, additional collection, 21,289, 98, 179 won; imprisonment of two years, probation and community service, 200 hours, confiscation, and additional collection; 13,00 million won; Defendant C: imprisonment of two years, probation and community service, 200 hours; confiscation; 47 million won; Defendant D: imprisonment of two years, probation and community service, 200 hours; confiscation; 200 hours, 20 hours, 20 hours, 200, 200, 200, 200,000 won; imprisonment of two years, 7 million won: probation and community service; imprisonment of two years, 200 hours, 2 years, probation and community service; confiscation; and 800,000 won; imprisonment of one year and six months; imprisonment of one year and six; and confiscation and additional collection;
2. Determination on the grounds for appeal against Defendant A and the Prosecutor A
A. We also examine the defendant A and the prosecutor's argument on unfair sentencing.
The operation of the Internet gambling place is highly harmful to society by impeding the sound labor awareness of the general public and encouraging excessive gambling spirit, and it is highly necessary to strictize it as the social strike is very broad, and it is deposited in the gambling place operated by the defendant.