beta
Text
Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s punishment (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence sentenced by the lower court to the rest of the Defendants except Defendant B (2 years of probation, 40 hours of probation, 6 months of probation, 40 hours of probation, 40 hours of probation, 1 year of probation, 2 years of probation, 40 hours of probation, 40 hours of probation, 40 hours of probation, 8 months of probation, 2 years of probation, observation of protection, and guidance for gambling treatment, 40 hours of taking part in gambling treatment, 2 years of probation, 40 hours of probation, 10 months of probation, 2 years of probation, 40 hours of probation, and 40 hours of taking part in gambling treatment) is unreasonable.
2. Determination
A. The fact that the defendant recognized his mistake as to the defendant B’s assertion is favorable to the defendant.
On the other hand, in 2015, the Defendant again committed the instant crime even though he was sentenced to 1 year of the suspended sentence for a violation of the Korean Marina Act in 2015 and was sentenced to 2 years of the suspended sentence, and the Defendant appears to play an important role in operating the instant private horse, and the running period of the instant private horse is not shorter than 7.9 billion won, and the harm of the private horse race track, which promotes the general public’s speculative spirit to drink sound labor, is very great, and thus, there is a need for a strict punishment.
In addition, comprehensively taking account of the sentencing conditions shown in the arguments in this case, such as the defendant's age, sex, family relation, means and consequence, the defendant's punishment against the defendant is too unlimited and it is not recognized that the defendant's argument is unfair, so the defendant's argument is groundless.
B. Defendant D’s judgment on the Prosecutor’s assertion was sentenced once to a fine for the same kind of crime in 2009, Defendant E had a previous record of having been punished several times due to gambling, etc., Defendants’ period of the instant crime is not shorter than the period, and Defendant C had a horse of this case.