Text
The judgment below
The part of the defendant B, C, D, E, F, and K shall be reversed.
Defendant
B and C shall be sentenced to 10 months of imprisonment.
Reasons
Summary of Grounds for Appeal
A. A. On October 1, 2013, Defendant B (Definites), upon A’s request on or around October 1, 2013, Defendant B (Definites) went to a AL gate in order to prepare for the meals of gambling participants, and did not have performed an act of opening a place for gambling by playing the role of “finites” at the above place. While the Defendant sought for gambling from others in an open place in order to receive money lent to A, there were several times of gambling at the place where the “gins” gambling was opened, the Defendant did not directly gambling or set up a place for gambling by playing the role of “finscinites”. However, Defendant D (Definites) did not have any act of opening a place for gambling, such as moving gambling participants to a vehicle or opening a place where gambling is opened.
3) Defendant K (Definite and misunderstanding of legal principles) moved D to a mountain place, which is a gambling place, and did not have established a gambling place by play the role of “sick site” at a waiting room or a vehicle. Even though the above act of the Defendant was helpful for the crime of opening the gambling place by other Defendants, the Defendant’s act cannot be recognized as functional control over the crime of opening the gambling place, and thus, the act of aiding and abetting the Defendant is merely an act of aiding and abetting the Defendant. (B) The lower court’s punishment against the Defendants (Defendant A: imprisonment of one year and six months, Defendant B, and C: Imprisonment of one year and six months, Defendant E, and F: imprisonment of six months, Defendant G: imprisonment of six months, suspension of execution of sentence of two years, fine of two years, suspension of execution of execution of sentence, Defendant K: imprisonment of August, suspension of execution of execution of sentence, fine of seven years, one million won, and one million won: imprisonment of five million won, one million won, five hundred million won or more, and one million won.
Defendant
Judgment on the misunderstanding of Facts in B
A. “Brine” is called “brine.”