Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
, however, the defendant.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each sentence (Defendant A: imprisonment with prison labor for one year; fine of five million won for Defendant B; fine of four million won for Defendant C; fine of four million won for Defendant D; and fine of four million won for Defendant D) declared by the court below to the Defendants.
2. Determination
A. Defendant A led Defendant A to commit the instant crime, the profits acquired by Defendant A from the instant crime are significant, and the crime of running a speculative game room business, such as the instant case, is promoting a public spirit of gambling, undermining the will to work, and there is a significant social harm. Defendant A has been punished as a sentence for another crime, which is disadvantageous to Defendant A.
However, in light of the favorable circumstances such as Defendant A’s recognition of the instant crime, the period of the instant crime appears to be relatively long, Defendant A did not have any history of criminal punishment for the same type of crime, and Defendant A’s wife wanted to take up the Defendant’s sentencing conditions, such as Defendant A’s age, sexual behavior, environment, and family relationship, the sentence imposed by the lower court against Defendant A is unreasonable.
Therefore, Defendant A’s assertion is justified.
B. Determination of Defendant B, C, and D on all of the instant crimes are recognized, and the above Defendants are not led to the instant crimes, and the period of the instant crimes appears not to be relatively long, and Defendant B, and D do not have any record of criminal punishment for the same kind of crimes, etc. are favorable to the above Defendants.
However, the crime of gambling game room business, such as the instant case, is likely to cause significant harm by encouraging the public's spirit of gambling and undermining the will to work, and Defendant B and D directly participated in the whole process of returning the instant crime, Defendant B had the record of receiving juvenile protective disposition several times, and Defendant C was the crime of opening gambling.