The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (one year of imprisonment, confiscation, and collection) is too unreasonable.

Judgment

When establishing and operating the instant illegal gambling site, the Defendant led the instant crime of violating the National Sports Promotion Act and gambling opening, and the degree of participation in the instant crime, such as committing the crime of violating the Electronic Financial Transactions Act, in order to prepare a passbook necessary for the said crime, is considerably significant. The instant crime of violating the National Sports Promotion Act and the instant crime of opening gambling, which has recently been at issue, promotes an excessive spirit of gambling to the general public, as well as promoting excessive gambling to the general public, and undermining the fairness of sports’s life, it is highly harmful to the general public, and the period of the crime is not shorter than six months, and thus requires strict punishment.

However, in full view of the following factors: (a) the Defendant led to the confession of the instant crime; (b) there is no record of being punished for the same kind of crime or of being sentenced to a suspended sentence or heavier punishment; and (c) the full payment of the surcharge from the instant crime; and (d) the illegal profits from the instant crime were fully recovered; and (b) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (c) all the sentencing conditions, including the circumstances after the instant crime, etc., the lower court’s punishment against the Defendant is somewhat unreasonable,

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;